Gauhati High Court
WP(C)/4481/2026 of SRI TANU KONWAR ALIAS TANURAM KONWAR Vs THE UNION OF INDIA AND 6 ORS on 1 September 2026
GAHC010153952026 2026:GAU-AS:12682 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4481/2026 SRI TANU KONWAR ALIAS TANURAM KONWAR SON OF LATE SABHARAM KONWAR, RESIDENT OF STATION ROAD, WARD NO-13, PO AND PS- SIBASAGAR DIST-SIBASAGAR, ASSAM
GAHC010153952026
2026:GAU-AS:12682
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4481/2026
SRI TANU KONWAR ALIAS TANURAM KONWAR
SON OF LATE SABHARAM KONWAR, RESIDENT OF STATION ROAD, WARD
NO-13, PO AND PS- SIBASAGAR DIST-SIBASAGAR, ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS TO THE
GOVT. OF INDIA, RAIL BHAVAN, RAISINA ROAD, NEW DELHI.
2:THE NORTH EAST FRONTIER RAILWAY
REPRESENTED BY THE GENERAL MANAGER
MALIGAON
NF RAILWAY
GUWAHATI
ASSAM
3:THE DIVISIONAL RAILWAY MANAGER
TINSUKIA DIVISION
NF RAILWAY
TINSUKIA
ASSAM
4:THE ESTATE OFFICER
NF RAILWAY
TINSUKIA DIVISION
TINSUKIA
ASSAM
5:THE SENIOR SECTION ENGINEER (W)
MARIANI
NF RAILWAY
MARIANI
JORHAT
ASSAM
6:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
7:THE DISTRICT COMMISSIONER
SIVASAGAR
DIST-SIVASAGAR
ASSAM
Advocate for the Petitioner : MR. P J SAIKIA, MS. M PATIRI
Advocate for the Respondent : DY.S.G.I., MR. S P CHOUDHURY(C.G.C.)R1TO5,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
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ORDER
Date : 02.09.2026
Heard Mr. P.J. Saikia, learned counsel for the petitioner; Mr. S.P. Choudhury, learned Central Government Counsel [CGC] for the respondent nos. 1 – 5; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue Department for the respondent no. 6; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent no. 7.
2. The case of the petitioner is that he is in possession of a plot of land measuring 1 Katha 18 Lessas within Ward no. 13, Nagar Mahal Mouza, Sivasagar Town, District – Sivasagar, Assam [‘the subject-plot’, for short] since 1969. There were three rounds of litigations earlier, in the form of writ petitions – W.P.[C] no. 3005/2013, W.P.[C] no. 867/2017, and W.P.[C] no. 8289/2019. The last of the writ petitions, W.P.[C] no. 8289/2019 was disposed of by an Order dated 05.06.2024. The writ petition, W.P.[C] no. 8289/2019 was preferred after issuance of a Notice by the Estate Officer, N.F. Railway [the respondent no. 4] under the provisions of Section 4 of the Public Premises [Eviction of Unauthorised Occupants] Act, 1971 [‘the 1971 Act’, for short] whereby the petitioner was asked to show cause as to why an Order of Eviction should not be made for his eviction from the subject-plot. In response to the Notice dated 28.03.2017, as recorded in the Order dated 05.06.2024, the petitioner appeared before the respondent no. 4 on 24.04.2017 for personal hearing and submitted all relevant documents to establish his claim as regards the subject-plot under his possession. The writ petition, W.P.[C] no. 8289/2019 was disposed of providing that it would be permissible for the Railway authorities to evict the petitioner only by following the provisions of the 1971 Act and only after an Order in the matter was passed by the respondent no. 4, basing on the hearing already conducted, in pursuance to the Notice dated 28.03.2017.
3. It is averred to the effect that the reason for approaching this Court for the fourth occasion by the present writ petition is that though the petitioner has not been communicated with any order passed under Section 5 of the 1971 Act, in connection with the proceedings initiated by the Notice dated 28.03.2017, yet the respondent authorities have been visiting the subject-plot regularly in recent times to mete out threats to evict the petitioner from the subject-plot.
4. When the present writ petition was listed on 21.08.2026, the learned CGC representing the respondent nos. 1 – 5 including the respondent no. 4 who is the Estate Officer, N.F. Railway, was requested to obtain instruction whether any order under Section 5 of the 1971 Act has already been passed by the respondent no. 4 in the proceedings initiated by the Notice dated 28.03.2017 under the 1971 Act. Today, Mr. Choudhury, learned Central Government Counsel [CGC] has submitted, on the basis of instructions received by him, that no order under Section 5 of the 1971 Act has been passed by the respondent no. 4 till date.
5. It is relevant to refer to the following observations made by this Court in its Order dated 05.06.2024 while disposing of the third writ petition, W.P.[C] no. 8289/2024, after recording the previous incidents, :- Keeping in view the directions passed by this Court in the earlier proceedings as initiated by the petitioner in the matter; it is provided that it would be permissible for the Railway authorities to evict the petitioner by only following the provisions of the Public
Premises Act, 1971, and also after an order in the matter has been so passed by the Estate Officer, N.F. Railway, basing on the hearing already conducted in pursuance to the notice, dated 28.03.2017. With the above directions and observations, this writ petition stands disposed of.
6. The present writ petition is, therefore, disposed of by reiterating that the respondent authorities shall abide by the above directions and observations. It is needless to mention that till completion of the process initiated by the Notice dated 28.03.2017 under the provisions of 1971 Act with the passing of an order under Section 5, there shall not be any coercive action against the petitioner for his eviction from the subject-plot by the respondent authorities in the N.F. Railway.
7. The documents placed by Mr. Choudhury, learned CGS is kept with the case record.
JUDGE Comparing Assistant