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2025 DAILYLAW 20262 (GAU)

PRATIMA THKURIA AND ANR v. THE UNION OF INDIA AND 4 ORS

WP(C)/5861/2025 · 2025-10-08

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010226172025 2025:GAU-AS:13598 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5861/2025 PRATIMA THKURIA AND ANR W/O DIP THAKURIA 2: DIP THAKURIA @ DEEP THAKURIA S/O PARSHU RAM THAKURIA BOTH ARE R/O PRAGJYOTISH NAGAR B.G. COLONY OPP. TO ST. VIVEKANANDA ENGLISH ACADEMY MALIGAON P.S. JALUKBARI GUWAHATI 781011 DIST. KAMRUP (M) ASSAM VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECY., MINISTRY OF RAILWAY, GOVT .OF INDIA, BHAVAN, RAISINA ROAD, NEW DELHI 110001, INDIA. 2:THE GENERAL MANAGER NORTHEAST FRONTIER RAILWAY (N.F. RAILWAY) MALIGAON GUWAHATI 781011 3:THE ESTATE OFFICER N.F. RAILWAY HEAD QUARTER MALIGAON GUWAHATI 781011 4:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECY. REVENUE AND DISASTER MANAGEMENT DEPTT. GOVT. OF ASSAM Page No.# 2/3 BLOCK C 3RD FLOOR ASSAM SACHIVALAYA DISPUR GUWAHATI 781006 5:THE DIST. COMMISSIONER KAMRUP (M) ASSAM PIN 78103 Advocate for the Petitioner : MR. R DE, MR H DAS,MR. J DEKA Advocate for the Respondent : DY.S.G.I., SC, REVENUE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 09.10.2025 Heard Mr. R. De, learned counsel for the petitioner. Also heard Mr. Paras Agarwal, learned CGC; Ms. D. Das Barman, learned Additional Senior Government Advocate and Mr. A. Bhattacharjee, learned Standing Counsel for the Revenue Department. 2. Mr. R. De, learned counsel for the petitioner, after attempting to argue the matter at some length submits that he be permitted to withdraw the present writ petition with liberty to approach the jurisdictional District Judge assailing the Order dated 15.09.2025 passed by the Estate Officer, N.F. Railway, in Eviction Case No. EO/MLG/347/2025. 3. Prayer is not objected to by the learned counsel for the respondents. 4. In view of the submissions made by the learned counsel for the petitioner, the petitioner is permitted to withdraw the present writ petition with liberty to Page No.# 3/3 approach the jurisdictional District Judge. 5. The appeal be instituted by the petitioner before the jurisdictional District Judge within seven (7) days from today. For the next seven (7) days, no coercive action shall be taken against the petitioner in pursuance to the Order dated 15.09.2025 passed by the Estate Officer. It is provided that in the event the application is not filed within seven (7) days from today i.e., within 16.10.2025, the protection granted to the petitioner vide this Order shall stand vacated. JUDGE Comparing Assistant