Pratima Thkuria and Anr. Vs the Union of India and 4 Ors. — Gauhati HC (2025) — LawSathi Research

Pratima Thkuria and Anr. Vs the Union of India and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition permitted to be withdrawn with liberty to approach the jurisdictional District Judge against the Estate Officer's order dated 15.09.2025 (Eviction Case No. EO/MLG/347/2025); appeal to be instituted within seven (7) days i.e., within 16.10.2025; interim protection — no coercive action against the petitioners for the next seven (7) days — with the protection standing vacated if the application is not filed within that period.

Issue for consideration

Whether the petitioner may be permitted to withdraw writ petition WP(C)/5861/2025 with liberty to approach the jurisdictional District Judge against the order dated 15.09.2025 passed by the Estate Officer, N.F. Railway, in Eviction Case No. EO/MLG/347/2025. +1 more

Court's answer

The Court permitted the petitioner to withdraw the writ petition, with liberty to approach the jurisdictional District Judge against the Estate Officer's order dated 15.09.2025 in Eviction Case No. EO/MLG/347/2025.

Ratio / Principle

The appeal must be instituted by the petitioner before the jurisdictional District Judge within seven (7) days from the date of the order, i.e., within 16.10.2025; in the event the application is not filed within that period, the protection granted by the order stands vacated.

Key takeaways

Interim protection was granted: for the next seven (7) days, no coercive action shall be taken against the petitioner in pursuance of the Estate Officer's order dated 15.09.2025.ratio¶25

Detailed headnote1 paragraphs

The Gauhati High Court (N. Unni Krishnan Nair, J.), WP(C)/5861/2025, order dated 09.10.2025 — Writ petition by Pratima Thkuria and Dip Thakuria @ Deep Thakuria challenging the order dated 15.09.2025 passed by the Estate Officer, N.F. Railway, in Eviction Case No. EO/MLG/347/2025 was permitted to be withdrawn with liberty to approach the jurisdictional District Judge. The petitioners were directed to institute the appeal before the District Judge within seven (7) days (i.e., on or before 16.10.2025). Interim protection was granted — for seven days no coercive action shall be taken against the petitioners in pursuance of the Estate Officer's order — with the protection standing automatically vacated if the application is not filed within that period. The prayer for withdrawal was not objected to by the respondents' counsel.

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GAHC010226172025

2025:GAU-AS:13598

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5861/2025

PRATIMA THKURIA AND ANR W/O DIP THAKURIA

2: DIP THAKURIA @ DEEP THAKURIA S/O PARSHU RAM THAKURIA BOTH ARE R/O PRAGJYOTISH NAGAR B.G. COLONY OPP. TO ST. VIVEKANANDA ENGLISH ACADEMY MALIGAON P.S. JALUKBARI GUWAHATI 781011 DIST. KAMRUP (M) ASSAM

VERSUS

THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECY., MINISTRY OF RAILWAY, GOVT .OF INDIA, BHAVAN, RAISINA ROAD, NEW DELHI 110001, INDIA.

2:THE GENERAL MANAGER NORTHEAST FRONTIER RAILWAY (N.F. RAILWAY) MALIGAON GUWAHATI 781011 3:THE ESTATE OFFICER N.F. RAILWAY HEAD QUARTER MALIGAON GUWAHATI 781011

4:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECY. REVENUE AND DISASTER MANAGEMENT DEPTT. GOVT. OF ASSAM

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BLOCK C 3RD FLOOR ASSAM SACHIVALAYA DISPUR GUWAHATI 781006 5:THE DIST. COMMISSIONER KAMRUP (M) ASSAM PIN 78103

Advocate for the Petitioner : MR. R DE, MR H DAS,MR. J DEKA

Advocate for the Respondent : DY.S.G.I., SC, REVENUE,GA, ASSAM

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 09.10.2025

Heard Mr. R. De, learned counsel for the petitioner. Also heard Mr. Paras Agarwal, learned CGC; Ms. D. Das Barman, learned Additional Senior Government Advocate and Mr. A. Bhattacharjee, learned Standing Counsel for the Revenue Department.

2. Mr. R. De, learned counsel for the petitioner, after attempting to argue the matter at some length submits that he be permitted to withdraw the present writ petition with liberty to approach the jurisdictional District Judge assailing the Order dated 15.09.2025 passed by the Estate Officer, N.F. Railway, in Eviction Case No. EO/MLG/347/2025.

3. Prayer is not objected to by the learned counsel for the respondents.

4. In view of the submissions made by the learned counsel for the petitioner, the petitioner is permitted to withdraw the present writ petition with liberty to

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approach the jurisdictional District Judge.

5. The appeal be instituted by the petitioner before the jurisdictional District Judge within seven (7) days from today. For the next seven (7) days, no coercive action shall be taken against the petitioner in pursuance to the Order dated 15.09.2025 passed by the Estate Officer. It is provided that in the event the application is not filed within seven (7) days from today i.e., within 16.10.2025, the protection granted to the petitioner vide this Order shall stand vacated.

JUDGE

Comparing Assistant