Court No. - 3
Case :- WRIT - C No. - 23631 of 2020 Petitioner :- Devendra Kumar Singh And 2 Others Respondent :- Union Of India, Min. Of Railway, New Delhi And 4 Others Counsel for Petitioner :- Krishna Chandra Pandey Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioners; learned Standing Counsel for respondent no.5; Sri Vivek Rai for respondents 1 to 4; and perused the record.
The petitioners have challenged the notice dated 19th November, 2020, issued by the fourth respondent, requiring the petitioners to vacate the land occupied by them or to face proceeding for their eviction. The notice discloses that there had been a demarcation exercise carried out on the basis of which it was ascertained that the petitioners were occupying the land of the railways.
The petitioners dispute the correctness of the averments made in the notice and claim that the petitioners' occupation is on their own land.
As there appears a dispute relating to title and possession of land, the same can appropriately be addressed in a civil proceeding before a civil court after taking evidence of the parties.
Under the circumstances, we decline to exercise our writ jurisdiction and leave it open to the petitioners to take recourse to other legal remedies as may be advised.
Subject to above, the petition is dismissed. Order Date :- 7.1.2021.
Rks.