IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1218 of 2009 JAMUNA SAH, S/o Late Jawhar Sah, resident of Shopkeeper of Mairwa Railway Feeder Road, P.S. Mairwa, District Siwan … Petitioner/ Appellant. Versus 1. THE UNION OF INDIA, through the Secretary of Railway, New Delhi 2. The Divisional Manager, North Eastern Railway, Lahartar, Varanasi (U.P.) 3. The Section Engineer/ Works, North Eastern Railway, Siwan 4. The State of Bihar, through Chief Secretary, Govt. of Bihar, Patna 5. The District Collector, Siwan 6. The Deputy Development Commissioner, Siwan 7. The Chairman, District Board, Siwan 8. The Sub-divisional Officer, Siwan Sadar, Siwan 9. The Circle Officer, Mairwa, Siwan … Respondents/Respondents. with LPA No.1257 of 2009 RAM BABU, S/o Late Madan Prasad, resident of Shopkeeper of Mairwa Railway Feeder Road, P.S. Mairwa, District Siwan … Petitioner/Appellant Versus 1. THE UNION OF INDIA, through the Secretary of Railway, New Delhi 2. The Divisional Manager, North Eastern Railway, Lahartar, Varanasi (U.P.) 3. The Section Engineer/ Works, North Eastern Railway, Siwan 4. The State of Bihar, through Chief Secretary, Govt. of Bihar, Patna 5. The District Collector, Siwan 6. The Deputy Development Commissioner, Siwan 7. The Chairman, District Board, Siwan 8. The Sub-divisional Officer, Siwan Sadar, Siwan 9. The Circle Officer, Mairwa, Siwan … Respondents/Respondents with LPA No.1252 of 2009 VIDYA SAGAR SINGH, S/o Late Tilak Bhagar @ Late Tilak Bhagar, resident of Shopkeeper of Mairwa Railway Feeder Road, P.S. Mairwa, District Siwan … Petitioner/Appellant 2 Versus 1. THE UNION OF INDIA, through the Secretary of Railway, New Delhi 2. The Divisional Manager, North Eastern Railway, Lahartar, Varanasi (U.P.) 3. The Section Engineer/ Works, North Eastern Railway, Siwan 4. The State of Bihar, through Chief Secretary, Govt. of Bihar, Patna 5. The District Collector, Siwan 6. The Deputy Development Commissioner, Siwan 7. The Chairman, District Board, Siwan 8. The Sub-divisional Officer, Siwan Sadar, Siwan 9. The Circle Officer, Mairwa, Siwan … Respondents/Respondents with LPA No.1227 of 2009 NEPAL SHARMA, S/o Late Kunj Bihari Sharma, resident of Shopkeeper of Mairwa Railway Feeder Road, P.S. Mairwa, District Siwan … Petitioner/Appellant Versus 1. THE UNION OF INDIA, through the Secretary of Railway, New Delhi 2. The Divisional Manager, North Eastern Railway, Lahartar, Varanasi (U.P.) 3. The Section Engineer/ Works, North Eastern Railway, Siwan 4. The State of Bihar, through Chief Secretary, Govt. of Bihar, Patna 5. The District Collector, Siwan 6. The Deputy Development Commissioner, Siwan 7. The Chairman, District Board, Siwan 8. The Sub-divisional Officer, Siwan Sadar, Siwan 9. The Circle Officer, Mairwa, Siwan … Respondents/Respondents ----------- 2. 9.3.2010 These four appeals being inter-connected and inter-linked were heard analogously and are disposed of by a singular order. It is worth noting that in these appeals the common order passed by the learned Single 3 Judge in C.W.J.C.Nos. 9793/2009, 9803/2009, 9804/2009 and 9811/2009 is called in question. The grievance of the appellants, which were canvassed before the learned Single Judge, simply put, that the Railway Administration is going to forcibly evict them from the premises in question though the said premises belongs to the District Board, Siwan (presently Zila Parishad, Siwan). The learned Single Judge after adverting to the contentions put forth expressed the view that the petitioners were making an endeavour to raise the stand of ownership to the extent of the land in their possession which is situate in the feeder road of the Railway Administration. We have heard Mr. S.S.Dwivedi and Mr. Jeetendra Narayan, learned counsel for the appellants, Mr. Amanullah and Mr. Ashok Kumar Mishra, learned counsel for the State, Mr. Anil Kumar Sinha and Mr. Anil Singh, learned counsel for the Railway Administration and Mr. Dhananjay Kumar, learned counsel for the Zila Parishad. After certain debate took place on a pointed query being made whether the District Board claims any 4 right, title and interest on the feeder road Mr. Dhananjay Kumar with all fairness in his command stated that the Zila Parishad or the District Board as known earlier does not claim any right on the feeder road. However, learned counsel submitted that the Zila Parishad has right, title and interest on the land which is situated beyond feeder road. On scrutiny of the documents brought on record it is evident that the Railway Administration has sent a notice to the present appellants requiring them to vacate the premises in question. In course of hearing on a suggestion being given learned counsel for the Railways fairly stated that the Railway Administration would not have any objection to afford an opportunity of personal hearing to the appellants on specific date and thereafter pass a reasoned and cogent order so that it can be appreciated from all spectrums. In view of the aforesaid, it is directed that the appellants shall appear before the Estate Officer of the Railways on 12th April, 2010 on which date the said authority shall fix another date and after affording an opportunity of hearing shall pass an order which would 5 reflect reasons. We may hasten to clarify if any dispute is raised with regard to right, title and interest it will be open to the appellants to initiate appropriate civil action as advised. However, that would not deprive them of preferring an appeal or any other legal remedy challenging the order of the Estate Officer, if aggrieved. It is further directed that as an interim measure the Railway Administration shall not take any coercive for evicting the appellants and status quo in this regard shall be maintained. In the result, the appeals are allowed to the extent indicated above and the order passed by the learned Single Judge is set aside. There shall be no order as to costs. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/