RITA ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. G. Pathak, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned CGC appearing on behalf of the Railway Authorities.

(2.) The instant writ petition has been filed challenging the eviction proceedings initiated against the Petitioner under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short, "the Act of 1971") as well as the judgment dtd. 19/6/2024 passed in Misc. Appeal No.4/2016 by the Court of the learned Additional District Judge, (FTC) No.3, Kamrup (M) at Guwahati.

(3.) From a perusal of the materials on record, it is seen that the Estate Officer of the N.F. Railway had issued two notices under Sec. 4 of the Act of 1971 to Shri Dulal Chandra Roy who is the husband of the Petitioner. Both the notices were in respect to different plots. In Eviction Case No. EO/MLG/4514/2015, the land in question was Plot No.1, 2 (Cat-1) and in Eviction Case No. EO/MLG/4515/2015, the land in question was plot No. 3, 4, 5 (Cat-1). To the said notices, the husband of the Petitioner duly submitted replies. Pursuant to the said replies and upon examination of the documents vide two separate orders both dtd. 9/2/2016 in both eviction cases, the Estate Officer directed the husband of the Petitioner to vacate the land in question.