RAJAK MOHD. Vs. U.O.I. & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the communication Annex.-8 issued by the Assistant Divisional Engineer, North-Western Railways, Sadulpur, District Churu, whereby the petitioner has been advised to vacate the alleged railway premises within 15 days and it has been threatened that if the unauthorised occupation is not vacated within the period of 07 days, legal action will be taken to vacate the same from the petitioner under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ('the Act').

(2.) It is submitted that the petitioner is in possession of the land in question under a regularly issued lease by the Local Authority and the Railways for no apparent reason, is seeking to disturb the possession and / or dispute the ownership of the petitioner, which is contrary to the available record and fact situation, which obtains at the site and therefore, the respondents are not justified in issuing the notice.

(3.) A further plea has been raised by the petitioner that if at all the respondents can take action, it can only be taken under the provisions of the Act and admittedly, notice Annexure-8 has not been issued by the Estate Officer and therefore, the same is without jurisdiction.