Page No.# 1/11 GAHC010188702025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5026/2025 BISHAL DEY AND 38 ORS S/O- BASUDEB DEY, R/O- WARD NO. 4, BOKAJAN, G.B. BAZAR, DIPHU, KARBI ANGLONG, ASSAM 2: SANKAR DAS S/O- LATE NAKUL DAS R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 3: AJIT NANDI S/O- LATE NAKARI MOHON NANDI R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 4: MANOJ DEY S/O- LATE KALIPADA DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 5: RAJU SEN S/O- BRAJENDRA SEN R/O- WARD NO. 4 Page No.# 2/11 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 6: SWAPAN MAJUMDAR S/O- NEMAI MAJUMDAR R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 7: NEMAI MAZUMDAR S/O- LATE SATYENDRA MAZUMDAR R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 8: SIPOK DEY S/O- LATE SATISH DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 9: SANKAR DUTTA S/O- LATE SHUTAL DUTTA R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 10: RINKU DEY S/O- LATE DHANANJAY DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU Page No.# 3/11 KARBI ANGLONG ASSAM 11: PIJUSH DEY S/O- LATE DHANANJAY DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 12: ANUPAM DAS S/O- LATE AJIT DAS R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 13: BIKASH DEY S/O- LATE BHAJAN CH. DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 14: SUSHANTA SARKAR S/O- LATE SANTOSH SARKAR R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 15: ASHIM RAY S/O- LATE PARESH RAY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM Page No.# 4/11 16: NARAYAN DAS S/O- LATE ANATH CH. DAS R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 17: PARIMAL SARKAR S/O- LATE SUKUMAR SARKAR R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 18: NARAYAN DEY S/O- LATE HARI DAS DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 19: SANJAY DEY S/O- LATE NANI GOPAL DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 20: KARTICK GOWALA S/O- LATE MOHADEV GOWALA R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 21: BIDHAN DUTTA S/O- LATE MANORANJAN DUTTA R/O- WARD NO. 4 Page No.# 5/11 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 22: SHANKAR PAUL S/O- LATE KHIROD PAUL C/O- AJIT SARKAR R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 23: SUDHIR CH. DEY S/O- LATE UMECH CH. DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 24: RATAN MAZUMDAR S/O- NEMAI MAZUMDAR R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 25: KRISHNA DAS S/O- ARUN DAS R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 26: NAYAN DEBNATH S/O- SAMIR DEVNATH C/O- ANIL DAS R/O- WARD NO. 4 BOKAJAN Page No.# 6/11 G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 27: MALA DEY W/O- LATE SANKAR DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 28: JAYANTA MAZUMDAR S/O- LATE KARTICK MAZUMDAR R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 29: PARTHA PRATIM MAZUMDAR S/O- LATE GANESH MAZUMDAR R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 30: NITISH KUMAR S/O- DEVANAND SINGH R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 31: PRANAB RAY S/O- LATE BIMAL ROY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG Page No.# 7/11 ASSAM 32: GOBINDA DUTTA S/O- LATE KALIPADA DUTTA R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 33: RAJESH KR. SINGH S/O- LATE BADRINARAYAN SINGH R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 34: LAXMI MAJUMDAR W/O- MANIK MAJUMDAR R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 35: DILIP DEY S/O- LATE KANAI LAL DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 36: PINKEY DEY W/O- JHULAN DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 37: LEDU CH. DEY Page No.# 8/11 S/O- LATE ANIL CH. DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 38: DILIP DEY S/O- LATE SURENDRA CH. DEY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSAM 39: UMESH CHANDRA ROY S/O- LATE CHANDRA ROY R/O- WARD NO. 4 BOKAJAN G.B. BAZAR DIPHU KARBI ANGLONG ASSA VERSUS UNION OF INDIA AND 6 ORS REPRESENTED BY THE GENERAL MANAGER, NORTH FRONTIER RAILWAY, MALIGAON, GUWAHATI, PIN- 781011. 2:THE DIVISIONAL RAILWAY MANAGER N.F. RAILWAY LUMDING ASSAM PIPN- 782447. 3:THE ESTATE OFFICER N.F. RAILWAY LUMDING ASSAM-782447. 4:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6. Page No.# 9/11 5:THE KARBI ANGLONG DISTRICT AUTONOMOUS COUNCIL REPRESENTED BY THE SECRETARY EXECUTIVE COMMITTEE KARBI ANGLONG DISTRICT COUNCIL ASSAM PIN- 782460. 6:THE ADDL. DISTRICT COMMISSIONER I/C BOKAJAN SUB-DIVISION BOKAJAN ASSAM 7:THE DISTRICT MAGISTRATE KARBI ANGLONG DIPHU Advocate for the Petitioner : MR. S B PRASAD, MS. S S SAIKIA,MR. M K SARMA Advocate for the Respondent : DY.S.G.I., SC, K A A C,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 29.08.2025 Heard Shri M.K. Sharma, learned counsel for the petitioners. Also heard Shri K. Gogoi, learned C.G.C. appearing for the Railways; Shri J. Chutia, learned Standing Counsel, KAAC and Shri J. Handique, learned State Counsel. Considering the subject matter involved, this writ petition is taken up for disposal at the motion stage itself. The petitioners had earlier approached this Court by filing WP(C)/195/2025 against an order of eviction dated 17.12.2024. This Court had disposed of the aforesaid writ petition by an order dated 24.03.2025 by setting aside the orders passed under Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and gave liberty to the petitioners to file Page No.# 10/11 their individual representations before the Estate Officer. The petitioners claim to have submitted such representations which however were not acted upon. At the same time, the petitioners were again directed to vacate the premises and accordingly the writ petition was filed. Shri Sharma, the learned counsel for the petitioners have informed that after filing of this writ petition, the petitioners have come to know about a notice being issued under Section 5 of the Act. He has accordingly submitted that the validity of such eviction notice would be challenged before the appropriate forum under Section 9 of the Act. However, he apprehends that in the meantime, the petitioners may have evicted in which case irreparable loss and injury would be suffered by the petitioners. Shri Gogoi, learned counsel for the Railways have however submitted that the notices were duly issued which were received by the petitioners and this fact has not been clearly stated in the writ petition. He has also emphasized that the action taken is for public purpose, namely, for the expansion of the Railway Line. He has however fairly conceded to the aspect of giving the liberty to the petitioners to approach the appropriate forum under Section 9 of the Act. He has also placed before this Court, copy of the notices issued to all the petitioners including the acknowledgement of receipt. The learned counsel for the rest of the respondents have supported the view of Shri Gogoi, learned counsel for the Railways. After considering the facts and circumstances and taking into account the scheme of the Act of 1971 which provides for preferring an appeal under Section 9, the writ petition is closed with a liberty to the petitioners to avail the remedy under Section 9 of the Act. Page No.# 11/11 Shri Sarma, learned counsel for the petitioners has undertaken that such appeal would be filed within a period of 10 days from today and therefore, some protection be granted. Considering the above, while this writ petition is closed, it is provided that for a period of 10 days, no coercive action be taken against the petitioner. It is also provided that the petitioners would be at liberty to pray for any interim order / injunction before the Appellate Authority which, if done, would be considered strictly in accordance with law. It is needless to state that this interim protection is only for a period of 10 days which would not be operative after expiry of the said period. JUDGE Comparing Assistant