Md. Anwar Hussain Mazumder and 5 Ors v. The Union of India and 5 Ors

ORDER Date : 22.06.2023

Heard Ms. B. Devi, learned counsel for the petitioners. Also heard Mr. K. Gogoi, learned standing counsel, appearing on behalf of State Respondents No. 1 to 4; and Mr. N. Goswami, learned Government Advocate, appearing on behalf of respondent No. 5 & 6.

This writ petition has been filed, seeking a direction to the respondents Railways for construction of a manned railway level crossing for Badarpur Bhairabi Railway Line at Azi Panchayat Road, Bawarghat Part-II, Hailakandi, instead of fixing iron pillars.

Ms. Devi, learned counsel for the petitioners, has drawn the attention of this Court to annexure 3 of the writ petition, which is a letter, dated 22.06.2015, written by the Deputy Commissioner, Hailakandi, to the General Manager(Construction), N.F. Railways, Open Line, Maligaon, vide Memo. No. HD.15/Railway/2013/, whereby, with regard to the construction of a manned railway level crossing for Badarpur Bhairabi Railway Line at Azi Panchayat Road, Bawarghat Part-II, Hailakandi; the railway authorities were requested to depute railway official for joint verification with the official from the District Administration, to consider the demand for construction of a manned railway level crossing for Badarpur Bhairabi Railway Line at Azi Panchayat Road, Bawarghat Part-II, Hailakandi, instead of fixing iron pillars.

Though more than a year have elapsed, since the notice to the respondents was issued, but, neither, counter affidavits have been filed by any of the respondents authorities, nor, any instruction has been received by the learned standing counsel representing the respondents No. 1 to 4(N.F. Railways). Page No.# 4/4

Under the aforesaid circumstances; I propose to the dispose of this writ petition with a direction to the respondent authorities, i.e. respondents No. 1 to 4; to act upon the letter, dated 22.06.2015, written by the Deputy Commissioner, Hailakandi, to the General Manager(Construction), N.F. Railways, Open Line, Maligaon, Guwahati, vide Memo. No. HD.15/Railway/ 2013/, if not, already acted upon, by deputing railway official(s) for joint verification with the official(s) from the District Administration, in order to consider the demand for construction of a manned railway level crossing for Badarpur Bhairabi Railway Line at Azi Panchayat Road, Bawarghat Part-II, Hailakandi, instead of fixing iron pillars.

The above direction shall be complied with by the respondents No. 1 to 4 in accordance with the rules/guidelines, etc., for construction of a manned railway level crossing for Badarpur Bhairabi Railway Line at Azi Panchayat Road, Bawarghat Part-II, Hailakandi, as expeditiously as possible, and not in any case, later than 1(one) month from the date of receipt of a certified copy of this order.

The writ petition stands disposed of in terms above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010004532022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/233/2022o MD.oANWARoHUSSAINoMAZUMDERoANDo5oORSo S/OoLATEoMAMTAZoALIoMAZUMDER,oVILL-BARBONDoPT-II,oP.O.-BALIURA, P.S.oANDoDIST-HAILAKANDI-788151 2:oAJMAToALIoLASKAR oS/OoLATEoMASANoALIoLASKAR oVILL-BARBONDoPT-III oP.O.-BALIURA oP.S.oANDoDIST-HAILAKANDI 3:oALTAFoHUSSAINoLASKAR oS/OoMOHIBURoRAHMANoLASKAR oR/OoVILL-NISCHINTAPURoPART-II oP.S.oANDoDIST-HAILAKANDI 4:oABDULoKARIMoLASKAR oS/OoLATEoKUTUBUDDINoLASKAR oVILL-BAWARGHAToPART-II oP.O.-BAWARGHAT oP.S.oANDoDIST-HAILAKANDIo(ASSAM) 5:oABDULoHAQUEoLASKAR oS/OoALAUDDINoLASKAR oVILL-NISCHINTAPURoPART-III oP.O.-MANADUNA oP.S.oANDoDIST-HAILAKANDI 6:oABDULoMALIKoMAZUMDER oS/OoLATEoMASKANADARoALIoMAZUMDER oVILL-BARBONDoPT-II oP.O.-BALIURA oP.S.oANDoDIST-HAILAKANDo VERSUSo Page No.# 2/4 THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE GENERAL MANAGER, N.F. RLY, MALIGAON, GUWAHATI, ASSAM, PIN-781011 2:THE GENERAL MANAGER (CON) N.F. RLY (OPEN LINE) MALIGAON GUWAHATI ASSAM PIN-781011 3:THE DIVISIONAL RAILWAY MANAGER N.F RLY LUMDING 4:DEPUTY CHIEF ENGINEER (CONS) N F RLY CACHAR SILCHAR 5:THE COMMISSIONER HILL AND BARAK VALLEY DIVISION ASSAM DISPUR 6:THE DEPUTY COMMISSIONER HAILAKANDI DIST-HAILAKANDI PIN-78815 Advocate for the Petitioner : MS B DEVI Advocate for the Respondent : SC, RAILWAY Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE NANI TAGIA