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2025 DAILYLAW 64782 (BOM)

SHEIKH MEHBOOB SHEIKH KARIM AND OTHERS v. UNION OF INDIA, THR. DIVISIONAL RAILWAY MANAGER, DRM OFFICE, NAGPUR AND OTHERS

WP/6540/2025 · 2025-11-28

Shri Anil S Kilor, Shri Rajnish R Vyas

body2025

Judgment text

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1 901B.wp.6540.2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.6540 OF 2025 Sheikh Mehboob Sheikh Karim and others .Vs. Union of India and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Ms Fatima Verma, Advocate for the petitioners Mr C. J. Dhumane, Advocate for respondent Nos.1 & 2 Mr Rohan Chhabra, Advocate for respondent No. 3 CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATED : NOVEM BER 28 , 2025 . Heard. 2. The notices which are impugned in the present writ petition are issued by the Railway for vacating the houses occupied by the noticees. 3. Admittedly, the names of the noticees, to whom the notices were issued, are different than the persons who have filed this petition. 4. According to the Railway, the noticees are residing in the respective houses in relation to which the notices of eviction are issued. Whereas the petitioner are claiming that they are residing in those houses. 5. Thus, it is apparent that there are disputed question of fact which needs to be established by leading evidence or producing sufficient evidence. 2025:BHC-NAG:13225-DB 2 901B.wp.6540.2025.odt 6. Furthermore, it is the case of the petitioners that the khasara number on which their houses are situated is declared as slum area. Whereas, in none of the notices the khasara number, which is declared as slum area, is mentioned. 7. In the circumstances, the petitioners need to lead evidence and establish all the above referred facts. 8. In view of the above referred observations, the writ petition is disposed of, with liberty to the petitioners to filed appropriate proceedings before the appropriate forum. No order as to costs. [RAJNISH R. VYAS, J] [ANIL S. KILOR, J.] Namrata