RAM SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant/respondent No. 2 and respondents/writ petitioners are not disputing that the plot of land measuring 675 sq. ft covered by Plot No. 2, dag No. 497 (Railway Plot No. DEN's/TSK Plan No. DBRT) situated inside the Dibrugarh Railway Station Yard belongs to the N.F. Railway i.e. respondent No. 1/writ petitioner No. 1.

(2.) Further, it is also the admitted case of both the parties that the said plot of land belonging to the N. F. Railway is in possession of the appellant/respondent No.2 in the writ petition. It is also admitted case of both the parties that there is no order or/license or lease issued by the Railway in favour of the appellant/respondent No. 2 in the writ petition for allowing to occupy the said plot of land belonging to the NF Railway except the License, dated 10.6.1970 issued in favour of the appellant/respondent No. 2 for a period of 1 (one) year by the respondent no. 1/writ petitioner no. 1. Thereafter, after expiry of license period of one year issued in favour of the appellant/respondent No. 2 there is no license or lease or order issued in favour of the appellant/respondent No. 2 for allowing to occupy the said land belonging to the N. F. Railway.

(3.) This writ Appeal is directed against the judgment and order of the learned Single Judge dated 11.4.2006 passed in WP(C) No. 9297 of 2003 filed by the respondents/writ petitioners against the appellant/respondent No. 2 and the learned District Judge, Dibrugarh, Assam upholding the order of eviction dated 4.1.2001 passed by the Estate Officer, Tinsukia in Eviction Case No. EO/TSK74523/2000 for evicting the appellant/respondent no. 2 from the said land belonging to the NF Railway.