UNION OF INDIA Vs. RINA KOIRI.

JUDGEMENT

(1.) Heard Mr. B. Sharma, learned counsel for the petitioner and Mr. P.S. Deka, learned Standing Counsel, Revenue Department, Govt. of Assam. Petitioner is the Union of India represented by General Manager, N.F. Railways.

(2.) In this batch of writ petitions, petitioner has assailed legality and correctness of various judgments passed by the District Judge, Kamrup (Metro) in appeals filed by respondent No.1 under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (1971 Act). By the judgments under impugnment, District Judge has set aside the impugned orders of eviction passed by the Estate Officer, N.F. Railways, Maligaon.

(3.) When the first writ petition was moved, a question was raised regarding maintainability of the writ petition. Be it stated that all these petitions have been filed under Article 226 of the Constitution of India primarily seeking issuance of a writ of certiorari for quashing of the judgments of the District Judge. Preliminary objection raised was as to the maintainability of the writ petitions. Since judgments under assailment were passed by the District Judge and thereby being a judicial order of the Court, those may not be amenable to the writ jurisdiction of this Court. Consequently, no writ of certiorari can be issued. In this connection, reference was made to the decision of the Supreme Court in Radheshyam Vs. Chhabi Nath, (2015) 5 SCC 423 . Time was granted to learned counsel for the petitioner to examine this aspect of the matter.