Benoy Kumar Thadani v. The Union of India and 5 Ors

ORDER

12.05.2023

¶1Heard Ms. B.S. Goyal, learned counsel for the petitioner, who submits that the petitioner has been living in a house constructed over railway land. She submits that the petitioner's father had been running a tea stall in the railway station and after his death, the petitioner's mother was running the tea stall.

¶2The N.F. Railway, on 25.08.1975, accorded sanction to the petitioner's mother for licensing a strip of railway land for temporary occupation by the petitioner's mother and her family. Accordingly, a house was constructed and the petitioner is living in the said house till today, while his wife is continuing with the catering business.

¶3The petitioner's counsel submits that a letter dated 11.02.2023 was issued by the respondent no.5, for removal/vacation of stalls of the catering vendors whose licences had expired. The petitioner's counsel submits that the said letter, while not covering the land occupied by the petitioner, has inadvertently reflected the name of the petitioner's mother.

¶4The petitioner's counsel submits that the petitioner had thereafter submitted a representation dated 14.02.2023 to the respondent no.2, praying that the petitioner should be excluded from the list of unauthorized occupants of railway land and reduce the licence fee, besides allowing him to say in his house. The petitioner's counsel submits that the said representation has not been decided till date by the respondent no.2. Page No.# 3/3

¶5Mr. A.K. Dutta, learned counsel appearing for all the respondents submits that the writ petition can be disposed off, if the respondent no.2 is directed to dispose off the petitioner's representation dated 14.02.2023 and in the meantime, no action will be taken by the respondents in pursuance to the letter daed 11.02.2023 issued by the respondent no.5.

¶6On perusing the contents of the writ petition, this Court finds that the petitioner's representation dated 14.02.2023, addressed to the respondent no.2, has not been made a part of the writ petition. Be that as it may, as the petitioner's counsel has submitted that no decision has been taken on the petitioner's representation dated 14.02.2023, this Court is of the view that the said representation should be disposed off. Accordingly, the respondent no.1 is directed to dispose off the petitioner's representation dated 14.02.2023. Till a decision is taken by the respondent no.2, no steps should be taken by the respondents for eviction of the petitioner from the railway land in pursuance to the letter dated 11.02.2023 issued by the respondent no.5. The petitioner shall serve a copy of this order to the respondent no.2 within a period of 1 (one) week from today.

¶7The writ petition is accordingly disposed off.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010081912023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2594/2023 BENOY KUMAR THADANI SON OF LATE D.D. THADANI, RESIDENT OF HOUSE NO. 134, RAILWAY NETAJI COLONY, NEAR DIMAPUR MUSIC COLLEGE, DIMAPUR, NAGALAND- 797112. VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT OF INDIA, RAIL BHAWAN, NEW DELHI. 2:THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI- 781011. 3:THE DIVISIONAL RAILWAY MANAGER N.F. RAILWAY LUMDING ASSAM. 4:THE SENIOR DIVISIONAL COMMERCIAL MANAGER (DCM) N.F. RAILWAY LUMDING ASSAM. 5:THE STATION SUPERINTENDENT N.F. RAILWAY DIMAPUR NAGALAND. 6:THE COMMERCIAL INSPECTOR N.F. RAILWAYS DIMAPUR NAGALAND Advocate for the Petitioner : MS. B S GOYAL Advocate for the Respondent : DY.S.G.I. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA