Two identical writ petitions challenging railway encroachment notices were consolidated. The court set aside the notices admitting they were issued without notice or proper proceedings.
Notices dated 8.2.2014 impugned in both writ petitions set aside.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3439 of 2014
====================================================== 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
.... .... Petitioner/s Versus
.... .... Respondent/s
====================================================== with Civil Writ Jurisdiction Case No.3941 of 2014
======================================================
Smt. Sangita Devi wife of Dharmbir Prasad, resident of MohallaBelwarganj, Patna City, P.S.- Alamganj, District- Patna
.... .... Petitioner/s
Versus
Patna High Court CWJC No.3439 of 2014 (3) dt.08-01-2015
2
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.
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.
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
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
petition.
The petitioners herein have questioned the notice on the following grounds:
Mr. Anil Singh has appeared for the respondents in both
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.
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
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.
The writ petitions are allowed. The order passed in the present proceedings will not preclude the respondents to proceed
in the matter in accordance with law.
(Jyoti Saran, J)
S.Sb/-
U
1 issue framed by the court
Whether notices directing removal of encroachment issued without show cause notice or proper proceedings can be upheld.
1 provisions across 1 enactments
Devendra Prasad Singh alias Devendra Prasad
Smt. Sangita Devi
Union of India through General Manager, East Central Railway
The State of Bihar
Assistant Divisional Engineer (Line), East Central Railway
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
