MAHESH KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall govern the disposal of Writ Petitions No.561/2008 and 18607/2019, as the issue involved in both the petition is common in nature.

(2.) Both the writ petitions have been preferred under Article 226/227 of the Constitution of India. Writ Petition No. 561/2008 has been filed praying therein for issuance of a writ in the natur of mandamus or any other writ command and/or direction for compelling the respondents to return the possession of 4500 sq. ft. land to the petitioner. In Writ Petition No. 18607/2019 it was prayed that the order dated 27.7.2019 passed by Twelfth Additional District Judge, Gwalior, affirming the order dated 4.7.2016 passed by Estate Officer, North Central Rail, Jhansi be set aside.

(3.) Briefly stated facts of the case are that the respondents served a notice under sub-section (3) of Section 7 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ('the Act' for brevity) for handing over the possession of 56.4 sq.mtr. land alleging that the petitioner has unauthorisedly occupied the railway land. A notice was also served on the appellant for recovery of unauthorised use of the railway land. The petitioner submitted objections before the Estate Officer by submitting lease deed and allotment letter concerned. The Estate Officer rejected the plea, against which an appeal was preferred before the District Judge, Gwalior. The District Judge concerned again disallowed the plea of the petitioner. Hence, the petitioner has approached this Court.