IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19763 of 2011 Gopal Narayan Singh Son Of Late Dev Narayan Singh Resident Of Village-Jamuhar, P.S.-Dehri, District-Rohtas. Versus 1. The State Of Bihar Through The Collector, Rohtas. 2. The Divisional Engineer (Works), East Central Railway, Dehri-On- Sone. 3. The Assistant Engineer, East Central Railway, Dehri-On-Sone. 4. M/S Arrah Sasaram Light Railway (In Vol. Liquidation) Through The Manager, Merchantile Building, 2nd Floor, Nav Lal Bazar Street, Kolkatta. ---------------------------------- 2 02.12.2011. Heard learned counsel for the petitioner and learned counsel appearing for the East Central Railways. The petitioner prays to quash notice dated 27.8.2011, issued by respondent no.2 under provisions of Public Premises Eviction of Unauthorized Occupants, Act- 1971 (in short the Act), as contained in Annexure 10, by which he has been asked to vacate over 93 decimals land situated over Municipal plot no. 678 (new Survey Khata no. 738, Khata no. 442) under Ward no. 24, Mohalla Gorchani, East of Sasaram Railway Gumti. The land in dispute belongs to Ara Sasaram Light Railways Company Limited. On the request of the petitioner, the land was leased temporarily for six months in his favour for storing materials used in construction of bridge. The petitioner regularly paid the rent of the 2 premises and some of the rent receipts have been annexed as annexure 7 series. He submits that the lease period was extended time to time and he has been paid rent as well. He submits that as he is not in unauthorized occupation, notice under provisions of Public would not be applicable in his case. Learned counsel appearing for the Railways submits that the lease was temporary for only six months and at present petitioner is in unauthorized occupation over the land of Railways. He refers to clause (a) and (b) of agreement which are as follows:- Clause (a) & (b) of the agreement are as follows:- (a) The licencee has approached the Licenser for providing temporary accommodation to him only for six months at the minimum on the vacant land bearing plot no. 738 khata no. 448 and the allied areas for storing bridge materials etc. (b) The licencer who is seized and possessed of the said land only upon the terms and conditions herein after contained. In view of the facts and circumstances of the case, let notice dated 27.8.2011 be treated as show cause notice. The petitioner would file his reply before respondent no.2 within three weeks, which would be disposed of within three weeks thereafter. 3 Status quo of today would be maintained for six weeks. Let a copy of this order be communicated to the Collector, Rohtas as well as the Divisional Engineer (Works), East Central Railway, Dehri-On-Sone. The writ petition stands disposed of. Shashi. (Samarendra Pratap Singh,J.)