Single Judge dismissed writ application on principles of res judicata as issue contested in civil court. Division Bench dismissed appeal, holding no merit as land belongs to Union of India and Civil Court already decided title.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 52 of 2018
Amit Rathi S/o Shri Laxminarayan Rathi Aged About 35 Years R/o 35, Maitri Vihar Colony Dhamtari, District Dhamtari.
---- Appellant
Versus
---- Respondents
For Appellant : Shri Upendra Bharat, Advocate. For Respondent/SECR : Shri H.S. Ahluwalia, Advocate. For Respondent/State : Shri UNS Deo, Government Advocate.
Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Prashant Kumar Mishra, Judge
Order on Board
07/08/2018
Per Ajay Kumar Tripathi, Chief Justice
1. Heard counsel for the parties and perused the order dated 10.11.2017 passed by the learned Single Judge.
2. The learned Single Judge has dismissed the writ application refusing to interfere with the notice for eviction of the present Appellant from the Railway's property in question on the ground that the Appellant had already contested the issue before the civil court of competent jurisdiction and the suit was dismissed. Appeal against the said order also stood dismissed.
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3. In this background, the learned Single Judge came to an opinion that the writ is required to be dismissed on the principles of res judicata , if not constructive res judicata .
4. The submission of counsel for the Appellant that notices can only be issued by the Estate Officer and not by any other officer of the Railways is a last ditch effort to get a foot hold to revive decided issues and continue over the land, which admittedly does not belong to him but to Union of India.
5. The appeal has no merit. It is dismissed.
Sd/Sd/(Ajay Kumar Tripathi) (Prashant Kumar Mishra) CHIEF JUSTICE JUDGE
Anu
1 issue framed by the court
Whether the writ appeal against the Single Judge's order dismissing the eviction notice deserves interference.
Amit Rathi
Union Of India
Ajay Kumar Tripathi
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
