KRISHNA KUMAR DAS AND 3 ORS v. THE UNION OF INDIA AND ANR
WP(C)/6542/2024 · 2025-11-18
Manish Choudhury
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 25086 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25086 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010260592024
2025:GAU-AS:15722
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6542/2024 KRISHNA KUMAR DAS AND 3 ORS S/O- LATE ANU RAM DAS, R/O- HOLDING NO- 172052560690, NEAR NAMONI SATRAKAR, UZANBAZAR, P.S- LATASIL, GUWAHATI-01, DIST- KAMRUP (M), ASSAM 2: MUSTT. ASHMA BEGUM W/O- ZULAS ALI R/O- HOLDING NO- 172052592810 NEAR NAMONI SATRAKAR UZANBAZAR P.S- LATASIL GUWAHATI-01 DIST- KAMRUP (M) ASSAM 3: DIPALI HALOI W/O- GANGGADHAR HALOI R/O- HOLDING NO- 172346109360 NEAR NAMONI SATRAKAR UZANBAZAR P.S- LATASIL GUWAHATI-01 DIST- KAMRUP (M) ASSAM 4: RUPESWARI NAYOK W/O- KHAGEN NAYAK R/O- HOLDING NO- 172380744190 NEAR NAMONI SATRAKAR UZANBAZAR P.S- LATASIL GUWAHATI-01 DIST- KAMRUP (M)
Page No.# 2/3 ASSAM VERSUS THE UNION OF INDIA AND ANR REP. BY THE GENERAL MANAGER , NORTH EAST FRONTIER RAILWAYS, HEAD QUARTERS, MALIGAON, GUWAHATI-11, ASSAM 2:THE SENIOR SECONDARY ENGINEER (WORKS0 N. F RAILWAY MALIGAON GUWAHATI-1 Advocate for the Petitioner : A GAUTAM, ARUNABH SARMA,MR. C TALUKDAR,MR. T K BHUYAN Advocate for the Respondent : DY.S.G.I., MR. S S ROY (C.G.C)
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 19.11.2025
Heard Mr. A. Gautam, learned counsel for the petitioners and Mr. S.S. Roy, learned Central Government Counsel [CGC] for both the respondents. 2. The writ petition has been preferred assailing an eviction notice issued by an authority of the respondent N.F. Railway. The main ground of challenge is that the eviction notice is vague and does not contain any specific names, dates, addresses, references, etc. 3. On the previous date of listing, Mr. Roy, learned CGC appearing for the respondents has submitted that as certain omissions had been made in issuing the impugned eviction notice, the respondent N.F. Railway authorities intend to withdraw the impugned eviction notice and as a status quo order is operating in this case, they were not in a position to withdraw the eviction notice. Today also, he has reiterated the submissions. 4. Mr. Gautam, learned counsel for the petitioners has submitted that during the
Page No.# 3/3 pendency of the writ petition with an interim order in operation, the respondent N.F. Railway authorities had visited the plots of land of the petitioners on 03.02.2024 and asked the petitioners to vacate the same. The N.F. Railway officials had also painted a word ‘abandoned’ on the outside walls of the houses of the petitioners. 5.
As a submission is made that the respondent N.F. Railway authorities intend to withdraw the impugned eviction notice, the leaves so sought for can be granted. It is accordingly granted. 6. As the writ petition is preferred assailing the eviction notice which has been allowed to be withdrawn, the cause of action for the petitioners to pursue the writ petition further also has not survived. The writ petition is accordingly closed. Interim order passed earlier stands recalled. However, in view of the projections made by the petitioners as regards the steps taken by the respondent N.F. Railway authorities during the pendency of the writ petition with an interim order in operation, it is observed that if any eviction process is to be undertaken by the N.F. Railway authorities in future, then the same shall be strictly in conformity with the procedure and provisions of the Public Premises [Eviction of Unauthorised Occupants] Act,
1971. JUDGE Comparing Assistant