Allowed

Devendra Prasad Singh @ Devendra Prasad v. The Union Of India and Ors.

Patna HC8 Jan 2015CWJC/3439/2014

Case brief

AI extract

What is this about?

The Court disposed of two identical writ petitions challenging notices issued by Railway authorities to remove alleged encroachments. The respondents admitted issuing orders without proper proceedings or show-cause notice. The Court set aside the notices and allowed the petitions.

What did the court decide?

Impugned notices dated 8.2.2014 issued by Assistant Divisional Engineer for East Central Railway were set aside.

Devendra Prasad Singh @ Devendra Prasad Vs The… — Civil Procedure and Limitation | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3439 of 2014

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====================================================== Devendra Prasad Singh alias Devendra Prasad Son of Late Triveni Singh, resident of Mohalla-Chowk Sikarpur, Sri Ram Colony (North of Railway Godown), Chah Kalyan, Dhawalpura, Vivekanand Colony Road, House No. 1, Patna City, P.S.- Chowk, District- Patna

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.... .... Petitioner/s Versus

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The Union of India through General Manager, East Central Railway, Hajipur, Vaishali (Bihar) 2. The Engineer in Chief, East Central Railway, Hajipur (Vaishali)

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The Chief Engineer (Line), East Central Railway, Hajipur (Vaishali)

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The Divisional Railway Manager, Danapur Division, E.C. Railway, Danapur, Patna

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The Senior Divisional Engineer (1), Danapur Division, E.C. Railway, Danapur, Patna

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The Senior Divisional Security Commissioner, Danapur Division, Patna 7. The Assistant Divisional Engineer (Line), E.C. Railway, Patna Junction, Patna

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The Station Manager, Patna Sahib Station, Patna City, Patna

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The State of Bihar through the District Magistrate, Patna 10. The Superintendent of Police, Rail District, Government Rail Police, Patna

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The Inspector, Railway Protection Force, Fathuha, Patna

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The Officer-in-Charge, GRP, Patna City, Patna

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The Senior Superintendent of Police, Patna

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The Superintendent of Police (City), Patna

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The Sub-Divisional Magistrate, Patna City

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The Circle Officer, Patna Sadar, Patna

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The SHO, Chowk Police Station, Patna City, Patna

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.... .... Respondent/s

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====================================================== with Civil Writ Jurisdiction Case No.3941 of 2014

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======================================================

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Smt. Sangita Devi wife of Dharmbir Prasad, resident of MohallaBelwarganj, Patna City, P.S.- Alamganj, District- Patna

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Sub-Divisional Officer, Patna City

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Union of India, through General Manager, East Central Railway, Hajipur 4. Divisional Rail Manager, East Central Railway Danapur Division, Patna 5. Assistant Divisional Engineer (Line) East Central Railway, Patna Junction- 1

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Patna High Court CWJC No.3439 of 2014 (3) dt.08-01-2015

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6.The General Manager, Ercon International Limited, 1st Floor, Sone Bhawan, Patna- 1 .... .... Respondent/s ====================================================== Appearance: (In CWJC No.3439 of 2014) For the Petitioner/s : Mr. Santosh Kumar Singh For the Respondent/s : Smt. Binita Singh, GP-31 (In CWJC No.3941 of 2014) For the Petitioner/s : Mr. Ajay Kumar Mishra For the Respondent/s : Mr. P.N. Shahi, AAG-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 08-01-2015 Heard Mr. Santosh Kumar Singh for the petitioner in CWJC No. 3439 of 2014 and Mr. Binay Kant Mani Tripathi, learned counsel appearing on behalf of the petitioner in CWJC No. 3941 of 2014.

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Since identical orders are put to question in the two writ petitions hence they have been taken up together with a view to their final disposal.

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The petitioners in each of the two writ petitions are aggrieved by a notice issued by the respondent Assistant Divisional Engineer (Line) East Central Railway, Patna Junction, Patna directing the petitioners to remove the encroachment allegedly made on the railway property within three days of the issuance of the notice which is dated 8.2.2014 failing which the same would be removed by the railway administration. Whereas the notice is impugned at Annexure-7 in CWJC No. 3439 of 2014

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Patna High Court CWJC No.3439 of 2014 (3) dt.08-01-2015

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an identical notice is impugned at Annexure-5 to the second writ

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petition.

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The petitioners herein have questioned the notice on the following grounds:

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(a) The allegation that the petitioners have encroached on railway property is incorrect;

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(b) The petitioners are bona fide purchasers of the property on which they have constructed their respective house / shop;

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(d) The orders have been passed without notice to the petitioners;

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(e) The order is without any foundation.

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Mr. Anil Singh has appeared for the respondents in both

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the writ applications and files counter affidavit. Mr. Singh very fairly accepts the position that the orders have been passed without drawing a properly constituted proceedings and without any show cause notice to the petitioners.

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Considering the admissions by the respondents that the orders impugned in the two writ petitions have been passed without drawing a properly constituted proceedings and without notice to the petitioners, the notices dated 8.2.2014 impugned at

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Patna High Court CWJC No.3439 of 2014 (3) dt.08-01-2015

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Annexure-7 and Annexure-5 to the respective writ petitions, cannot be upheld and are accordingly set aside.

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The writ petitions are allowed. The order passed in the present proceedings will not preclude the respondents to proceed

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in the matter in accordance with law.

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(Jyoti Saran, J)

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S.Sb/-

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Devendra Prasad Singh @ Devendra Prasad v. The Union Of India and Ors.

Case brief

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Devendra Prasad Singh @ Devendra Prasad v. The Union Of India and Ors.

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