Animesh Mishra and 37 Ors. Vs the Union of India and 4 Ors.

HOJAI-SANKARDEV-NAGAR DISTRICT- NAGAON ASSAM 4:THE CIRCLE OFFICER LANKA REVENUE CIRCLE LANKA DISTRICT- NAGAON 5:THE LUMDING MUNICIPAL BOARD THROUGH THE CHAIRPERSON/EXECUTIVE OFFICER LUMDING DISTRICT- NAGAON ASSAM- 782447

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6:THE DIRECTOR OF LAND RECORDS AND SURVEYS ETC. ASSAM RUPNAGAR GUWAHAT

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Advocate for the Petitioner : MR. B CHAKRAVARTY, SC, C.G.C.

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Advocate for the Respondent : SC, REVENUE, MS. H SARMA (R-5),MR A U AHMED (R-5),DR. B AHMED (R-5),GA, ASSAM

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Linked Case : WP(C)/5698/2023

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ANIMESH MISHRA AND 37 ORS S/O LATE AJIT MISHRA R/O MISTRY PATTY LUMDING THANA ROAD WARD NO. 6

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P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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2: SRI INDERBANS SINGH BEDI S/O LATE AMRIK SINGH BEDI R/O MISTRY PATTY

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P.O. AND P.S. LUMDING

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DIST. NAGAON ASSAM PIN-782447

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3: SRI PRASENJIT DEY S/O LATE PARESH DEY R/O MISTRY PATTY

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P.O. AND P.S. LUMDING

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DIST. NAGAON ASSAM PIN-782447

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4: SRI MUKUL RANJAN KARMAKAR S/O LATE KSHETRA MOHAN KARMAKAR R/O MASJID ROAD

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P.O. AND P.S. LUMDING

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DIST. NAGAON ASSAM PIN-782447

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5: SRI CHANDU DAS S/O BADAL CH. DAS R/O MISTRY PATTY ROAD

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P.O. AND P.S. LUMDING

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DIST. NAGAON ASSAM PIN-782447

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6: SRI AMBARISH DEY S/O LATE RAI MOHAN ROY R/O MISTRY PATTY ROAD

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P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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7: SRI RAJA DEY S/O RANJIT DEY R/O MISTRY PATTY P.O. AND P.S. LUMDING DIST. NAGAON

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ASSAM PIN-782447

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8: SMTI. BIBHA RANI PAUL W/O SRI SISU BHUSAN PAUL R/O MISTRY PATTY

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NEAR RAM THAKUR COMMITTEE HALL

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P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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9: SMTI. SARASWATI DEY W/O CHANDAN DEY R/O MISTRY PATTY P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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10: SRI RAJU MANDAL S/O LATE BIREN CH. MANDAL R/O MISTRY PATTY P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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11: SMTI. MANJULA DAS D/O BELA RANI DAS R/O MISTRY PATTY P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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12: SRI DIGNTA BARUAH HEADMASTER B.L.B.S.D.V. HINDI LP SCHOOL S/O LATE TILAK BARUAH R/O MISTRY PATTY P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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13: SRI GOURANGA DEY S/OLATE KALI KUMAR DEY R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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14: SRI SUSHIL KUMAR SHARMA S/O LATE SITA RAM SHARMA R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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15: SRI BISWAJIT DUTTA S/O LATE SUSHIL KUMAR DUTTA R/O NEAR SWAHID FIELD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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16: SMTI. MIRA RANI CHOUDHURY DEY W/O SWAPAN KR. DEY R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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17: SRI AMITABHA PAUL S/O LILA PAUL R/O KALIBARI ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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18: SMTI. BASANTI DAS W/O LATE PRANESH DAS R/O NEAR RAILWAY QTR. NO. T/100 DTS HILL COLONY

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P.O. AND P.S. LUMDING DIST. NAGAON

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ASSAM PIN-782447

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19: SHYAMAL MAJUMDER S/O LATE ASHIT BARAN MAJUMDER R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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20: BANTI MANDAL S/O LATE PARESH MANDAL R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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21: SMTI. RUPALI BARMAN W/O AJOY BARMAN R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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22: SMTI. NAVLEEN KAUR BEDI W/O SHAILENDRA SINGH BEDI R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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23: SOMA GHOSH W/O LATE SANTANU GHOSH R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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24: SRI MANTU PRASAD S/O LATE SATYA NARAYAN PRASAD R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON

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ASSAM PIN-782447

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25: SRI HARI DAS YOUNG MANS CLUB (PRE) S/O LATE SACHIN RANJAN DAS R/O NEAR INDIAN BANK LUMDING P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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26: SRI SWAPAN CH. DEY (PRESIDENT) RAM THAKUR SEVA SANGHA AND YATRI NIVAS S/O LATE BIDYA SAGAR DEY R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447 27: PRABIR KR. DUTTA S/O LATE GOPAL CH. DUTTA R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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28: SRI SANJAY CH. DUTTA S/O CHANDRA SHEKHAR DUTTA R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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29: SRI SAGAR ROY S/O CHAYA RANI ROY R/O MISTRY PATTY P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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30: SMTI. NAMITA DUTTA W/O PANKAJ DUTTA R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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31: SRI RANJIT DEY S/O LATE HARI CHARAN DEY R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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32: SMTI. SUJATA BOSE D/O LATE MIRA BOSE R/O MISTRY PATTY P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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33: SRI SHYAM SUNDAR DAS S/O LATE RAMANI MOHAN DAS R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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34: GOPA DEY W/O RAM CHANDRA DEY R/O MISTRY PATTY P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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35: SRI RAM CHANDRA DEY S/O LATE DHIRENDRA CH. DEY R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447

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36: SRI LAKHAN ROY S/O SRI KANULAL ROY R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447 37: SRI DIPAK SUTRADHAR S/O LATE DINESH SUTRADHAR R/O MISTRY PATTY ROAD P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447 38: SRI AJOY DASGUPTA S/O LATE SHASHANKA SHEKHAR DASGUPTA R/O MISTRY PATTY P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447 VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-781011 2:THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-781011 3:THE DIVISIONAL RAILWAY MANAGER LUMDING DIVISION N.F.RAILWAY LUMDING P.O. AND P.S. LUMDING DIST. NAGAON ASSAM PIN-782447 4:THE ESTATE OFFICER N.F. RAILWAY

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LUMDING DIVISION

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LUMDING P.O. AND P.S. LUMDING

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DIST. NAGAON ASSAM PIN-782447

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5:LUMDING MUNICIPAL BOARD

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REP. BY THE CHAIRPERSON/EXECUTIVE OFFICER LUMDING P.O. AND P.S. LUMDING

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DIST. NAGAON ASSAM PIN-782447 -----------Advocate for : MR B SINHA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS

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Linked Case : WP(C)/5720/2023

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LUMDING MUNICIPAL BOARD LAMDING HOJAI DISTRICT HOJAI REPRESENTED BY ITS CHAIRMAN SWASTIKA ROUTH MAJUMDER AGED ABOUT 70 YEAR IN THE DISTRICT OF- HOJAI ASSAM

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VERSUS

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THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE GENERAL MANAGER N.F.RAILWAY MALIGAON GUWAHATI- 781011 2:THE GENERAL MANAGER N.F.RAILWAY MALIGAON GUWAHATI- 781011

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3:THE DIVISIONAL RAILWAY MANAGER LUMDING DIVISION N.F. RAILWAY LUMDING P.O. AND P.S. LUMDING IN THE DISTRICT HOJAI ASSAM PIN- 782447 4:THE ESTATE OFFICER N.F.RAILWAY LUMDING DIVISION LUMDING P.O. AND P.S. LUMDING DISTRICT- NAGAON ASSAM PIN- 782447

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5:THE DIRECTOR OF LAND RECORDS AND SURVEYS ETC. ASSAM RUPNAGAR GUWAHATI -----------Advocate for : DR. B AHMED Advocate for : SC NF RLY appearing for THE UNION OF INDIA AND 4 ORS.

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 12-06-2025

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For the petitioners/appellants : Mr. B. Chakravarty, CGC [in WP(C) 4572/2023] Mr. B. Sinha, Advocate [in WP(C) 5698/2023] Mr. A. U. Ahmed, Advocate [in WP(C) 5720/2023]

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For respondent(s) : Mr. K. Gogoi, CGC

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Mr. J. Handique, SC, Revenue Deptt.

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– BEFORE –

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HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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12.06.2025

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Heard Mr. B. Chakravarty, learned Central Government Counsel, appearing on behalf of the petitioners in WP(C) 4572/2023; Mr. B. Sinha, learned counsel appearing for the petitioners in WP(C) 5698/2023 and Mr. A.U. Ahmed, learned counsel appearing for the petitioner in WP(C) 5720/2023. Also heard Mr. K. Gogoi, learned Central Government Counsel, and Mr. J. Handique, learned Standing Counsel, Revenue Department, Government of Assam, appearing for the respondents in all the three writ petitions.

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The issue involved in all these three writ petitions being inter-connected, and as consented to by the learned counsel for the parties, these three writ petitions are being heard analogously and are being disposed of by this common order.

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The facts in brief, involved in the above-noted 3 (three) writ petitions are noticed as under:

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WP(C) 4572/2023

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The present writ petition has been instituted by the N.F. Railway authorities with the prayer for issuing a direction upon the revenue authorities for demarcating the railway land at Lumding town in terms of the provisions of the Assam Land and Revenue Regulation, 1886, thereby facilitating utilisation of the railway land for developmental purposes.

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The petitioners in the present proceeding have contended that the Lumding Railway Division, which is one of the five Railway Divisions of the N.F. Railway, was created in the year 1903. Over the period time, the Government of Assam had allotted several acres of land to the said Railway Division and the same is recorded in a map prepared after a joint survey undertaken by the railway authorities as well as the

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revenue authorities in the year 1963, wherein signatures of both the railway authorities as well as the revenue authorities are present. It is further contended that over the period of time, the lands allotted to the railways were being encroached upon thereby preventing the railway authorities from carrying out its developmental activities, including improvement of the railway infrastructure. It is projected that an amount of Rs. 82.342 Crores was earmarked for development and renovation of the Lumding Railway Station under the Amrit Bharat Station Scheme. It was further projected that amounts were also allotted for development of railway infrastructure at the Lumding Railway Station with the view to improve safety of the passengers. It is contended that in order to carry out the said developmental activities, the railway authorities are required to have the land allotted to them, free from all encroachments. With a view to vacate the unauthorised encroachers from the railway land, eviction proceedings were initiated in the matter. Further, the Estate Officer, N.F. Railway, Lumding, also vide an application dated 03.03.2023, approached the jurisdictional Deputy Commissioner, Nagaon, praying for proper survey and demarcation of the railway land. However, the said exercise not being taken to its logical conclusion, the petitioners have instituted the present proceeding.

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WP(C) 5698/2023

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The present proceeding has been instituted by the petitioners, who are residents of Lumding town, assailing the action on the part of the railway authorities in initiating eviction process and issuance of notice in this connection. The petitioners in this writ petition have projected that their forefathers and thereafter they were in possession of the land presently possessed by them since the last 60/70 years. It is projected that the entire land within the Lumding town falls under the jurisdiction of the Municipal Administration Department and, accordingly, the petitioners being the residents of Lumding town, are living over the Municipal land and not over railway land. Accordingly, it is projected that the railway authorities have got no jurisdiction to initiate any eviction process for evicting the petitioners from the land under their

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possession, inasmuch as the petitioners herein are not occupying railway land. The petitioners have, by referring to WP(C) 4572/2023, wherein the railway authorities have prayed for a direction to conduct proper survey and demarcation of the railway land, projected that until such survey and demarcation is carried out, the railway authorities were not entitled to carry out any eviction process in the matter.

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WP(C) 5720/2023

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The petitioner herein, being the Lumding Municipal Board, has instituted the present proceeding assailing the action on the part of the railway authorities in initiating the eviction process over the land situated at Lumding town without consulting the petitioner. The petitioner has also prayed for a direction for carrying out the process of demarcation of the land in question by involving the petitioner herein.

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The issue arising in the present proceedings is with regard to the ownership of land. The petitioners in WP(C) 4572/2023, i.e. the N.F. Railway authorities, have initiated eviction proceedings by invoking the provisions of the Public Premises (Unauthorised Occupants) Act, 1971 (hereinafter referred to as “Act of 1971”). The N.F. Railway authorities have projected that the eviction proceedings initiated by them under the provisions of the Act of 1971 were so initiated in respect of the land already allotted to the railways by the State Government. However, the said position is disputed by the petitioners in WP(C) 5698/2023 and WP(C) 5720/2023 by contending that in absence of proper survey and demarcation of the land in question, the railway authorities cannot initiate the eviction process over the land. The common prayer in all these three writ petitions is for issuing a direction to the revenue authorities for carrying out a proper survey and demarcation of the railway land.

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The petitioner in WP(C) 5720/2023, i.e. Lumding Municipal Board, has also contended that on formation of the Lumding Municipal Board, the Gazette Notification issued in this connection by the Government of Assam had prescribed the jurisdictional boundaries of the petitioner Municipal Board and the boundaries being so

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specified and the Lumding town being under the jurisdiction of the Lumding Municipal Board as per the said Gazette Notifications, the respondent railway authorities, while carrying out the eviction process, ought to have consulted the authorities of the petitioner Municipal Board in the matter.

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The railway authorities having initiated eviction process, but the same not being taken to its logical conclusion, an application came to be submitted by the railway authorities before the jurisdictional Deputy Commissioner for proper survey and demarcation of the land allotted to them, however, the survey and demarcation process having not been carried out and taken to its logical conclusion, the disputes involved in the present proceedings have arisen.

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The Government of Assam in the Revenue & Disaster Management Department had issued an Office Memorandum dated 21.12.2020 and had projected therein that issuance of Demarcation Certificate is a notified service under Section 4 of the Right to Public Service Act, 2012 (hereinafter referred to as “Act of 2012”). The said Office Memorandum further provides that demarcation and survey is required to establish the real extent/interest of the land and to establish the actual boundary of a particular Dag as per the cadastral map of the revenue village/town. Taking into consideration the above-referred Office Memorandum dated 21.12.2020, wherein such demarcation of land has been notified as a public service under the provisions of the Act of 2012, this Court finds no ground to justify the action on the part of the jurisdictional Deputy Commissioner in not carrying out joint survey of the land allotted to the railways by the Government of Assam, on the basis of the records available in this connection, and demarcating the land allotted to the railway authorities out of the land falling under the jurisdiction of the Lumding Municipal Board.

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In view of the above discussion, this Court directs the Deputy Commissioner, Nagaon, to carry out survey for identifying the lands allotted to the N.F. railways by the Government of Assam over the period of time and, on such identification, to

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demarcate the said lands allotted to the railways and issue a Demarcation Certificate in this connection in favour of the N.F. Railway authorities. The demarcation proceeding being for the purpose of establishing the real extent/interest of the land and to establish the actual boundary of a particular Dag as per the cadastral map of the revenue village/town, it is directed that while carrying out such demarcation proceedings, the possession of the person(s), who is/are found in possession of such land identified to be belonging to the railways, shall not be disturbed. Further, the survey and demarcation now directed to be carried out by the Deputy Commissioner, Nagaon, should be so carried out with the involvement of the authorities of the N.F. Railway, Lumding Division, as well as the authorities of the Lumding Municipal Board.

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On completion of the survey and demarcation process and on identification of the lands allotted to the Railways, Demarcation Certificate be issued to the railways in this connection. The railway authorities shall, thereafter, be entitled to carry out eviction of the unauthorised occupants from the land identified to be belonging to it and demarcated by the revenue authorities, in terms of the directions passed hereinabove, by invoking the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

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In view of the directions passed hereinabove, the eviction exercise initiated by the respondent railway authorities is interfered with and set aside. The respondent railway authorities are restrained from carrying out the eviction proceeding till completion of the survey and demarcation process and issuance of Demarcation Certificate in their favour by the revenue authorities.

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With the above observations and directions, all the writ petitions stand disposed of. However, there shall be not order as to costs.

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Comparing Assistant

Animesh Mishra and 37 Ors. v. the Union of India and 4 Ors.

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Animesh Mishra and 37 Ors. v. the Union of India and 4 Ors.

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