Mahendra Prasad @ Mahendra Prasad GuptaversusThe Union of India

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.2722 of 2026
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           1.     Mahendra Prasad @ Mahendra Prasad Gupta son of Late Banshi Saw,
                 resident of Gali No. 2 Kumhar Toli near Mithilesh Market, Mohalla Lohia
                 Nagar, Police Station- Kankarbagh, District- Patna.
           2.    Nagendra Prasad Gupta son of Late Banshi Saw, resident of Gali No. 2
                 Kumhar Toli near Mithilesh Market, Mohalla- Lohia Nagar, Police Station-
                 Kankarbagh, District- Patna

                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The Union of India through General Manager, East Central Railway,
                 Hajipur.
           2.    The Chief Technology Officer, East Central Railway, Hajipur.
           3.    The Senior Section Engineer, East Central Railway, Patna Junction.
           4.    The District Magistrate cum Collector Patna.
           5.    The Circle Officer, Phulwari Sharif, Patna.
           6.    The Senior Divisional Security Commissioner, Danapur Division, Patna.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s   :        Mr. Shakti Suman Kumar, Advocate
                                                 Mr. Rajesh Ranjan, Advocate
                 For the Respondent/s   :        Mr. GP-5
                                                 Mr. Dhuvendra Kumar, AC to GP-5
                 For the UOI (Railway) :         Mr. Rajen Sahay, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   11-03-2026                    Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                 2. The writ petition has been filed for the following

                   reliefs :-

                                            (i). For issuance of an appropriate writ in
                                    the nature of certiorari for quashing of the notice
                                    dated 20.01.2026 (as contained in Annexure-P4)
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                          issued by the respondent no. 3 whereby and where
                          under respondent no 3 directed the petitioners to
                          remove their house constructed over railway land
                          within 10 days, failing which, the railway
                          administration will demolish the house of the
                          petitioners and they will be responsible for any
                          damage to their goods, on the ground that
                          positioners have constricted their house over the
                          land belonging to the railway.
                                  (ii). For issuance of an appropriate writ in
                          the nature of mandamus that during the pendency
                          of the present wit petition operation of the
                          impugned notice dated 20.01 2026 (as contained in
                          (Annexure- P4) may be stayed and the respondents
                          may be restrained from taking any coercive step
                          against the petitioners,
                                  (iii). Any other writ/writs, order orders or
                          direction directions as the facts and circumstances
                          of the case may require and deemed fit by this
                          Hon'ble Court may also be issued.


                      3. Learned counsel for the petitioners, at this stage,

          submits that the notice in question, does not indicate any details

          of the land which is said to have been claimed to be the land

          belonging to the Railways, therefore, the petitioners are not in a

          position to submit their appropriate response.

                      4. It has next been submitted that on the ground of

          vagueness of notice, having been served by the Railway, in
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          respect of other lands, in similar nature, the Co-ordinate Bench

          has interfered with such notice and accordingly, the notice in

          question has been quashed and learned counsel for the

          petitioners by referring to Annexure-P/4, submits that a similar

          notice on same date has also been issued in respect of these

          petitioners, in which no details have been given, therefore, the

          notice appended with the writ petition as Annexure-P/4 deserves

          to be quashed in similar terms.

                      5. On the other hand, learned counsel for the Central

          Railway, Hajipur, submits that the petitioners may be directed to

          file an appropriate response appending the judgment rendered

          by the Co-ordinate Bench, which shall be adjudicated by the

          authorities, who is said to have issued the notices.

                      6. Considering the submission of the parties and on

          perusal of the notice, in question, this Court finds that the notice

          is vague, bears no details of the land which, belongs to the

          Railway authorities, and the same is said to have been

          encroached by these petitioners and accordingly, on finding the

          notice to be vague, this Court has no hesitation in quashing the

          same in similar terms and accordingly, the notice dated

          20.01.2026, appended with the writ petition is quashed and the

          authorities are directed to proceed afresh by issuing a detailed
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                     notice in accordance with law.

                                 7. Accordingly, the writ petition stands disposed of.



                                                  (Ajit Kumar, J)
sharun/-

U