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Judgment
By filing this writ petition, the petitioner has prayed for the following reliefs:-
"(i)For issuance of an appropriate writ, order or direction, particularly a writ of certiorari for quashing the demand notice bearing no.Engineering L.No: - L/1 (Annexure-32) issued under the signature of Senior Sectional Engineer (Works), Bhaga, South Eastern Railways, Adra whereby and whereunder the respondents informed the petitioner to deposit an amount of Rs.1,00,03,206/- towards rent from 1990 by 07.08.2019 failing which the eviction case would be finalized and the plot would be dismantled with court procedure;
(ii)For issuance of further appropriate writ, order or direction, directing the respondents, particularly respondent no.3 to execute a formal agreement along with sketch plan/map and further calculate license fee for the land measuring an area of 7053.59 sq. ft., which is under occupation of the petitioner and particularly considering the rates payable at the nearest railway station i.e., Jamadoba;
(iii)For issuance of further appropriate writ, order or direction, directing the respondents particularly respondent no.3 to issue surrender certificate for the land measuring 22,101.41 sq. ft. in favour of the petitioner;"
Heard learned counsel representing the petitioner and learned counsel representing the respondents.
Against the order dated 28.02.2022, passed by the Estate Officer, South Eastern Railways, Adra, in Case No.E/L/41/VAA/17, this petitioner had filed an appeal being Misc. Civil Appeal No.07 of 2022, before the Principal District Judge, Dhanbad, by invoking jurisdiction under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as "Act of 1971").
The said appeal filed under Section 9 of the Act of 1971, is still pending and the next date of hearing is 18.09.2026.
Considering the fact that the petitioner had already filed an appeal against the eviction order, and also the prayer made in this writ petition, which is for a direction upon the respondents to enter into a fresh agreement; in my opinion, the petitioner should pursue the said appeal taking all the grounds available to him, which should be considered by the Appellate Court.
With the aforesaid observation and direction, this Writ Petition stands disposed of.