SHAYAM SUNDER Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India assailing the validity of the order dtd. 12/9/2016 (Annex.7) passed by Estate Officer and Senior Divisional Engineer (East), North Western Railway, Ajmer and the order dtd. 24/5/2023 (Annex.10) passed by learned District Judge, Bhilwara.

(2.) Briefly stated, the facts of the case are that the respondent filed an application on 3/7/2003 under Sec. 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for brevity, hereinafter referred to as 'Act of 1971') against the petitioner from the land 129/1-2 between (Railway Telephone Post 1 and 2) East side of the Station Division Bhilwara, inasmuch as the petitioner illegally encroached over the said land by constructing boundary wall upon an area ad-measuring 46.25 square meters.

(3.) The case set up by the petitioner in the writ petition is that the petitioner is in possession of the land i.e. 128/9-129-0 and he has not encroached over the land of the railways i.e. Pillar No.129/1/2. However, the petitioner was issued a show cause notice by the Estate Officer on 9/7/2003 (Annex.1) whereby the petitioner was asked to show cause as to why he may not be dispossessed from the land in question. The petitioner submitted his reply while denying the fact that he has encroached over the railways land. In reply to the notice, the petitioner submitted that the petitioner is in possession of the land purchased by him ad-measuring 40' x 125' comprising of Aaraji No.326 and the railway track is 105 feet away from his land. The petitioner requested for conducting survey/inspection so that the actual position could be determined.