BALARAM BARIK Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) THIS writ petition has been filed challenging the action of the Railway authorities -opposite parties, in trying to evict the petitioner from the Railway land in question, with a prayer to direct the opposite parties to grant licence to the petitioner for the said land, which is under his occupation since the time of his father.

(2.) THE brief facts of the case is that one Bholanath Barik, who is the father of the present petitioner, had been granted temporary licence of the Railway land by the opposite parties in the year 1972 for a period of one year, for agricultural purpose under the "Grow More Food" scheme, measuring Ac. 1.38 dec., situated between K.M. 410/12 to K.M. 411/01 (between Cuttack -Balikuda) down side, which was valid upto 30.6.1973. The said licence was being renewed by the Railway authorities from time to time on payment of requisite fees. In March, 1973, the father of the petitioner had written a letter to the Divisional Engineer, South -Eastern Railway, Khurda Road, as per Annexure -3, to permit him to dig a katcha shallow well on the land for the purpose of irrigation, with the undertaking that while relinquishing the said land, he shall restore the same to its original state, before handing over possession of the same.

(3.) THE further case of the petitioner is that as he was in occupation of the excess Railway land and had constructed a temporary cow -shed on the same, he had intimated the Railway authorities to consider issuance of licence in respect of the said excess Railway land occupied by him.