WP(C) 3474/2002 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY Heard Ms P. Deb, learned counsel for the petitioners and Ms Baruah, learned coun sel for the railway administration. The petitioners, who are the guardians of some of the students of the As sam Railway Higher Secondary School, Panbazar have filed this petition challengi ng the order of the railway administration dated 19.3.2002 issued to the Princip al (In-charge)/ Headmistress of the school to give up the possession of their ra ilway land over which the construction has been raised by the school authority. According to the petitioners, certain portion of the land was initially allotted in favour of the Bengal-Assam Railway School in the year 1945, who had been performing its activities there-from since then. Further case of the petiti oners is that as the fire broke out causing extensive damage to the building, th e school records including the allotment orders issued by the railway administra tion were destroyed in the fire. However, since the year 1966, the railway admin istration has allowed the school authority to occupy the land by issuing licence and accepting fees thereof. Petitioners further contend that despite the paymen t of licence fees, the railway administration has issued the eviction notice dat ed 19th March, 2002 under the provisions of the Public Premises (Eviction of Una uthorised Occupants) Act, 1971, which has been challenged in the present proceed ing. The railway administration in their affidavit-in-opposition has denied i ssuing any allotment in favour of the school in the year 1945. However, it has b een stated that in respect of some other land the school was a lessee and the pe riod of such lease had also expired and that the school authority taking advanta ge of such lease encroached upon its land, without there being any order of allo tment or lease granted in their favour. The railway administration has, however, contended that the eviction from such land is required to be made keeping in vi ew the need of the railways and in public interest. This Court vide order dated 27th May, 2002 while issuing notice of motio n passed an interim order directing the respondent authorities not to evict the school from the land described in the writ petition pursuant to the eviction not ice dated 19.3.2002. This interim order is still in force. In the present petition, some disputed questions of fact have been raised, as ac cording to the petitioners, there was an allotment order issued in the year 1945 , which has, however, been denied by the respondents in their affidavit-in-oppos ition. The railway administration also contended that the lease was granted in f avour of the school, the period of which had also expired. The encroachment of t he railway land apart from the land in respect of which the respondents claim th at the school authority was a licencee, has been denied by the petitioners. On t he other hand, according to railways, the school authority had been encroaching their land by taking advantage of the lease granted in their favour. Such disput ed questions of fact cannot conveniently be decided in a writ proceeding since t here is a provision for appeal under Section 9 of the 1971 Act against the notic es. In view of the above, the writ petition is disposed of with the observat ion that the petitioners may approach the appellate Court having jurisdiction ov er the matter.. No costs.