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2014 DAILYLAW 1076 (GAU)

THE UNION OF INDIA and ANR v. THE STATE OF ASSAM AND 6 ORS

WP(C)/5177/2014 · 2026-05-17

Anjan Moni Kalita

Writ Petition (Civil)body2014

Judgment text

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Page No.# 1/2 GAHC010255792014 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5177/2014 THE UNION OF INDIA and ANR REP. BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON, GHY-11 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT.OF ASSAM, REVENUE DEPTT., DISPUR, GHY-6 Advocate for the Petitioner : MS.K D SARMAH, MS.H SARMA,MR.R SARMA,MSB DEVI Advocate for the Respondent : SC, HEALTH, MR. I ALAM(R-7),MS. R R BORAH(R-7),MR. T SK(R-7),MR.B GOGOI,,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18.05.2026 Heard Mr. R. Sarma, learned Special Counsel, appearing on behalf of the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate, appearing for the respondent nos. 2, 5 & 6 as well as Ms. A. Bora, learned counsel, appearing for the respondent no. 4. Page No.# 2/2 2. The instant writ petition has been filed, challenging the inaction of the part of the State respondents in providing the required support for the eviction of the respondent nos. 4 & 7 in pursuance to the order dated 15.03.2012, passed by the Estate Officer, N.F. Railway, under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. 3. Vide an order dated 30.03.2026, this Court has requested the learned Senior Advocate, Government of Assam, to obtain instructions. 4. Today, when the matter was called for, Mr. D. Nath, learned Senior Government Advocate has submitted that he has instructions to the effect that whenever such eviction drive will be undertaken by the concerned Estate Officer, the State support shall be given to them. 5. In view of the aforesaid submission, this Court is of the considered opinion that nothing survives in the matter and the matter can be disposed of with a direction to the Estate Officer, after issuance of eviction notice to the respondent nos. 4 & 7, intimate the State respondent, i.e., the respondent no. 2, with a reasonable time before hand for his administrative and other support in the exercise of eviction. 6. In terms of the aforesaid, the instant writ petition is disposed of. JUDGE Comparing Assistant