WA 182/2011 BEFORE HON’BLE MR JUSTICE A K GOEL HON’BLE MR JUSTICE AMITAVA ROY Goel,J. This appeal has been preferred against the order of the learned single J udge setting aside the enquiry report dated 12th December, 2009 submitted by Add itional Deputy Commissioner, Dima Hasao, in pursuance of the order of this Court dated 27th June, 2008 passed in PIL no.61/2007. The order was passed by this Co urt on claim of the appellants for compensation on account their forcible evicti on from the land in their occupation by the railways. In the impugned report, th e claim for compensation was upheld, against which the railway administration fi led a writ petition in this Court. Main grievance of the writ petitioner was tha t the land from which the appellants were evicted belonged to railway administra tion itself and on that ground no compensation was payable. Learned single Judge held that in the enquiry report, no specific finding had be en recorded on this issue and without determining this issue, direction to pay c ompensation was not called for. We have heard Mr DCK Hazarika, learned counsel for the appellant and Mr AK Sarka r, learned counsel for the NF Railways. Learned counsel for the appellant submits that railway administration had failed to furnish evidence of its ownership and even though there was no specific find ing in the enquiry report, there was nothing to substantiate the claim of the Ra ilway Administration. Thus, the appellants were entitled to compensation as they were in lawful possession and if they are displaced, they had to be compensated . On the other hand, learned counsel for the respondent-writ petitioner submits th at the enquiry officer did not go into the question of title of Railway and give n an opportunity the railway administration will establish its title. Learned Si ngle Judge, in the circumstances, was justified in quashing the enquiry report, giving liberty to conduct a fresh enquiry. Without expressing any opinion on merits of the issue of title at this stage, we are of the view that ends of justice will be met if a direction is issued to th e Deputy Commissioner, Dima Hasao, to conduct a fresh enquiry after giving due o pportunity to the parties and conclude the same within three months from the dat e of receipt of this order. We order accordingly. Let the parties appear before Deputy Commissioner, Dima Hasao, on 19.10.2011. The Deputy Commissioner may pass such further order in the matter as may become necessary as a result of finding s recorded on conclusion of enquiry. It is made clear that the parties will be at liberty to raise all releva nt pleas in accordance with law. This writ appeal is disposed of. No costs.