DHYANI BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this order we propose to decide this batch of four Letters Patent Appeals, being L. P. A. No. 725/2002 (Smt. Dhyani Bai v. Union of India and Ors.), L. P. A. No. 726/2002 (Bhawanideen v. Union of India and Ors.), L. P. A. No. 727/2002 (Manik Chand v. Union of India and Anr.) and L. P. A. No. 728/2002 (Ratan Chand v. Union of India and Ors. ). Common question of law is involved in all of these appeals which arise out of separate orders passed by learned Single Judge in the writ petitions filed by the appellants.

(2.) BRIEFLY stated, proceedings under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 were initiated against the appellants. The Estate Officer, Southern Railway, Bilaspur, by his order held that the land in the occupation of appellants is railways' land. The order of the Estate Officer was challenged by appellants herein by filing civil appeals before IIIrd Additional District Judge, Fast Track Court, Shahdol. The Court dismissed the appeals holding that the appellants have paid the rent to the railway for several years and the appellants could not establish that the railway is not the owner of the land occupied by them.

(3.) THE appellants challenged the order of Estate Officer and that of the Appellate Court by filing writ petitions before this Court. Learned Single Judge dismissed the writ petitions. However, the liberty to file a civil suit was given to the appellants if that remedy is available to them. The learned Single Judge held that the question of title was carefully considered by the Estate Officer and also by the Appellate Court, and no interference is called for in the impugned orders.