SOUTH CENTRAL RAILWAY Vs. MUTHA NAVIN KRISHNA

JUDGEMENT

(1.) This appeal is directed against order dated 9-11 -2006 passed by the learned Single Judge, whereby she allowed the writ petition filed by the respondents and quashed order dated 31-3-2006 passed by Estate Officer and Additional Divisional Railway Manager, South Central Railway, Vijayawada (hereinafter referred to as 'the Estate Officer') under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short, 'the 1971 Act').

(2.) A perusal of the record shows that by claiming themselves to be the owners of land comprised in Town Survey No.1961/1, Ward No.2, Block No.42 of Kakinada Town, the respondents filed Writ Petition No.1309 of 2006 against their threatened dispossession. The same was disposed of by this Court on 27-1-2006 with the direction that the non- petitioners (the appellants herein) shall not interfere or dispossess the petitioners (the respondents herein) from the land comprised in Town Survey No. 1961/1 of Kakinada Town and Municipal Corporation without following the due process of law. Thereafter, the Estate Officer issued notices dated 16-2-2006 to the respondents under Section 4(1) of the 1971 Act requiring them to vacate the land comprised in Town Survey/ R.S. No. 1961/2 from 14/2 to 14/11-12 between Kakinada Town and Kakinada Port Railway Station. Some of the respondents filed joint reply dated 20-2-2006 and claimed that in view of the joint survey report dated 31-12-2005, the Railways do not have any right over the land comprised in Town Survey No.1961/1 measuring Ac.22.00, which was owned by Sri Mandal Suryanarayana and others and, therefore, they cannot be treated as unauthorised occupants of public premises. Thereafter, the Estate Officer passed order dated 31 -3-2006 and called upon them to vacate the premises within 15 days with the stipulation that if they fail to do so, then they will be evicted by use of such force, as may be necessary.

(3.) The respondents could have challenged the eviction order by filing an appeal under Section 9 of the 1971 Act, but instead of availing the statutory remedy of appeal, they directly filed writ petition under Article 226 of the Constitution of India by contending that the order passed by the Estate Officer is without jurisdiction and that the provisions of the 1971 Act could not have been invoked qua the land comprised in Town Survey No. 1961/1. They claimed that the Railway property falls within Town Survey No. 1961/2 and not in Town Survey No. 1961/1 and, therefore, they cannot be treated as unauthorised occupants of the public premises.