The High Court of Chhattisgarh dismissed the writ appeal filed by land possessors challenging eviction notice. The court held the appeal lacked merit as the issue was already decided in civil courts and the Single Judge correctly applied principles of res judicata.
The writ appeal was dismissed, leaving the eviction notice in force.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 82 of 2018
---- Appellants
Versus
---- Respondents
For Appellant : Shri Goutam Khetrapal, Advocate. For Respondent/SECR : Shri H.S. Ahluwalia, Advocate. For Respondent/State : Shri UNS Deo, Government Advocate.
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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 and then the previous writ petition being Writ Petition (C) No.111 of 2016 relating to the same issue has also been dismissed.
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
2 issues framed by the court
Whether the writ appeal challenging the eviction notice stands barred by principles of res judicata.
Whether the issue of eviction of land belonging to Union of India is復活 by filing fresh appeal.
Dilip Singh Charan Singh & 8 Others
Union Of India
Senior Section Engineer
Divisional Railway Manager
Collector
Sub Divisional Officer
Ajay Kumar Tripathi
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
