Authority: High Court of Chhattisgarh at Bilaspur
Order Date: 06/07/2026
Case Overview
- Petition: WP227 No. 766 of 2026 filed by the Union of India under Article 227 of the Constitution, seeking to set aside the order dated 15‑05‑2026 of the Principal District Judge/Appellate Officer in Miscellaneous Civil Appeal No. 11/2016.
- Respondent: Aslam Hussain, aged about 60, residing at Budhwari Bazar, Railway Station, Bilaspur, Chhattisgarh. The petition also lists several officials of South East Central Railway (General Manager, Estate Officer, Divisional Railway Manager, Senior Divisional Engineer, Assistant Divisional Engineer, Senior Section Engineer) as parties.
- Background: The appellate order allowed the respondent’s appeal and remanded the matter to the State Officer for fresh adjudication under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, on the ground that a proper notice specifying the grounds of eviction had not been served.
- Petitioner’s contentions: The petitioner argued that a valid Section 4 notice had been served, the respondent failed to produce any defence, and the eviction order was therefore lawful; the remand was said to cause unnecessary delay.
- Appellate Court’s findings (as recorded in the order): The notice issued under Section 4 did not disclose the specific grounds for eviction as required by the statute; despite the respondent’s silence, principles of natural justice demanded a valid notice before any adverse order. The matter was therefore remitted for fresh consideration after issuance of a proper notice and opportunity of hearing.
Final Outcome
- The High Court held that the appellate court’s order was well‑reasoned, legally sustainable, and free of patent illegality, perversity, jurisdictional error or material irregularity. Consequently, the writ petition was dismissed as devoid of merit.
Topics: Legal; Railway Eviction