Disposed¶20

The Union of India and Anr. v. the State of Assam and 6 Ors.

Gauhati HC17 May 2026WP(C)/5177/2014

Case brief

AI extract

What is this about?

Public Premises (Eviction of Unauthorized Occupants) Act 1971 Section 5; Estate Officer N.F. Railway order dated 15.03.2012; eviction of unauthorized occupants; State support/assistance for eviction drive; intimation to State respondent no. 2 with reasonable time; Union of India v. State of Assam; writ petition disposed of; Gauhati High Court; Justice Anjan Moni Kalita; order dated 18.05.2026; interim order dated 30.03.2026 seeking instructions.

What did the court decide?

Writ petition disposed of with a direction to the Estate Officer: after issuance of eviction notice to respondent nos. 4 & 7, intimate the State respondent (respondent no. 2) with a reasonable time beforehand for administrative and other support in the exercise of eviction. ¶20

The Union of India and Anr. Vs the State of Assam and 6 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the State respondents' inaction in providing the required support for the eviction of respondent nos. 4 & 7, in pursuance of the Estate Officer's order dated 15.03.2012 under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, warranted judicial direction. +1 more

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Court's answer

The Estate Officer is directed that, after issuance of eviction notice to respondent nos. 4 & 7, he shall intimate the State respondent, i.e., respondent no. 2, with a reasonable time beforehand for his administrative and other support in the exercise of eviction.

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Ratio / Principle

In view of the State's submission that support will be given whenever an eviction drive is undertaken by the Estate Officer, nothing survives in the matter and the matter can be disposed of.

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Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/5177/2014, single-judge order dated 18.05.2026 (Justice Anjan Moni Kalita): The Union of India, rep. by the General Manager, N.F. Railway, petitioned against the inaction of the State of Assam in providing support for eviction of respondent nos. 4 & 7 in pursuance of an order dated 15.03.2012 passed by the Estate Officer, N.F. Railway, under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. When the State, through its Senior Government Advocate, conveyed instructions that State support would be given whenever an eviction drive is undertaken by the Estate Officer, the Court held that nothing survived in the matter and disposed of the writ petition with a direction that the Estate Officer, after issuance of eviction notice to respondent nos. 4 & 7, intimate the State respondent (respondent no. 2) with a reasonable time beforehand for his administrative and other support in the exercise of eviction.

Page No.# 1/2

GAHC010255792014

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

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Case No. : WP(C)/5177/2014

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THE UNION OF INDIA and ANR REP. BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON, GHY-11

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT.OF ASSAM, REVENUE DEPTT., DISPUR, GHY-6

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Advocate for the Petitioner : MS.K D SARMAH, MS.H SARMA,MR.R SARMA,MSB DEVI

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Advocate for the Respondent : SC, HEALTH, MR. I ALAM(R-7),MS. R R BORAH(R-7),MR. T SK(R-7),MR.B GOGOI,,GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

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ORDER

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Date : 18.05.2026

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Heard Mr. R. Sarma, learned Special Counsel, appearing on behalf of the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate, appearing for the respondent nos. 2, 5 & 6 as well as Ms. A. Bora, learned counsel, appearing for the respondent no. 4.

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Page No.# 2/2

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2. The instant writ petition has been filed, challenging the inaction of the part of the State respondents in providing the required support for the eviction of the respondent nos. 4 & 7 in pursuance to the order dated 15.03.2012, passed by the Estate Officer, N.F. Railway, under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

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3. Vide an order dated 30.03.2026, this Court has requested the learned Senior Advocate, Government of Assam, to obtain instructions.

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4. Today, when the matter was called for, Mr. D. Nath, learned Senior Government Advocate has submitted that he has instructions to the effect that whenever such eviction drive will be undertaken by the concerned Estate Officer, the State support shall be given to them.

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5. In view of the aforesaid submission, this Court is of the considered opinion that nothing survives in the matter and the matter can be disposed of with a direction to the Estate Officer, after issuance of eviction notice to the respondent nos. 4 & 7, intimate the State respondent, i.e., the respondent no. 2, with a reasonable time before hand for his administrative and other support in the exercise of eviction.

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6. In terms of the aforesaid, the instant writ petition is disposed of.

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JUDGE

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Comparing Assistant

The Union of India and Anr. v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

The Union of India and Anr. v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

Procedural history

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