UNION OF INDIA Vs. KSHITISH CHANDRA KARMAKAR

JUDGEMENT

(1.) Heard Mr. A. Dasgupta, learned senior counsel, assisted by Mr. S. Chakraborty, learned counsel for the appellants. Also heard Mr. A.R. Bhuyan, learned counsel for the respondent No.1; Mr. K.N. Choudhury, senior counsel, assisted by Mr. A. Ganguly, learned counsel for the respondent Nos.5 to 7; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department representing the respondent No.8 and Mr. D.K. Sarmah, learned Additional Senior Government Advocate, Assam, representing the respondent Nos.9 and 10.

(2.) This writ appeal is filed by the appellants, who are the respondent Nos.1 to 3 in the writ petition, being aggrieved with the order dtd. 5/4/2019 passed by the learned Single Judge in WP(C) No.7191/2013, whereby the learned Single Judge has disposed of the writ petition filed on behalf of the writ petitioners (private respondents herein) by concluding that the writ petitioners/private respondents have able to make out a case of illegal occupation over their land by the Railways and, therefore, the Railway is directed to vacate the land of the private respondents, specifically mentioned in the schedule, and handover the peaceful possession of it to them. The learned Single Judge has further observed that for balancing the equities, it is also provided that if over the land, certain immovable structures have been constructed by the Railways or for any other matter, the Railways are not in a position to part with the possession of the land in question, the market price of the land has to be offered and paid to the writ petitioners/ private respondents. It is further directed that the said process be completed within a period of 3(three) months from the date of passing of the said order.

(3.) Brief facts of the case are that the respondent No.1/ writ petitioner No.1 Kshitish Chandra Karmakar has initially filed WP(C) No.3389/2013 before this Court with a prayer for issuing a direction to the Revenue Authorities of the State to demarcate the land for which an application/ representation was already moved before the concerned authority on 15/5/2013. The learned Single Judge, considering the grievance raised in the said writ petition, has disposed of the same vide order dtd. 21/6/2013 directing the Circle Officer, Guwahati Revenue Circle to take on record the said representation dtd. 15/5/2013 and dispose of the same in accordance with law with a further direction that the demarcation prayed for may be carried out upon issuing notice to all the parties, as expeditiously as possible, preferably within 2(two) months from the date of furnishing a certified copy of the said order along with the copy of the writ petition and its enclosures.