- (1.) . This appeal arises out of an order passed in WP(C) 8899/2004 dated 10.9.2004 by which the learned Single Judge dismissed the writ petition filed by the appellants.
(2.) WE have heard Mr. R. L. Yadav, learned Counsel for the petitioner and Mr. J. Singh, learned Senior Standing Counsel of the N.F. Railway for the respondents. The case of the appellants, inter alia, is that the appellants took possession of an area of land measuring 1 B 2 Kha 18 L covered by Dag No. 392 (Old)/422 (New NK Patta No. 20) (Old)/1378 (New) of Mouza Garh Pandu, Ramsarani, Vill. Kamakhya, Maligaon in the district of Kamrup, Assam. From the original owner of the land on the basis of an unregistered deed of mortgage executed on 15.5.1964. The Railway authorities having issued notice under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the Act) alleging that the land in question belongs to Railway authorities and thereby public premises within the meaning of the aforesaid Act, passed orders of eviction of the petitioners from the said land.
(3.) CHALLENGING the said order being violative of the principles of natural justice, the petitioners filed Misc. Appeal Nos. 4 and 5 of 1991 before the learned District Judge, Kamrup Guwahati under Section 9 of the Act. The learned Addl. District Judge allowing the appeals remanded the matter back for fresh disposal by giving reasonable opportunities of hearing to the appellant. Thereafter notices under Section 4 of the Act dated 22.02.1993 were served upon the petitioner in connection with eviction case Nos. EO/MLG/1/88 and EO/MLG/28/91. On receipt of the notice, the appellants appeared before the Estate Officer, N.F Railway, Maligaon and filed their necessary objections on 10.3.1993. h The Estate Officer after hearing the petitioners and considering the objection so raised by them, rejected the objection vide order dated 2.2.1999.;