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2015 Supreme(Bom) 1372

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Yespal Keval Singh Chandi – Appellant
Versus
Union of India through General Manager Wester Railway – Respondent


Advocates Appeared:
Mr. Rohan Cama i/b Mr Arvind Kumar Dubey, for the Petitioners
Mr Chetan Agarwal a/w Mr Sagar Tambe, for the Respondents
Ms Sangita Yadav i/b Mr Suresh Kumar, for the Respondent

JUDGMENT:

B. P. Colabawalla, J.

1. By these Petitions filed under Article 226 of the Constitution of India, the Petitioners have challenged the legality and validity of the order dated 28th July, 2015 passed by the Chief Operations Manager (Western Railway), under which the decision of the Divisional Authority cancelling/terminating the lease contracts of the Petitioners, with forfeiture of Security Deposit and cancellation of registration, as punitive measures, was confirmed. The Petitioners are further barred from applying for fresh registration for a period of five years.

2. Since the facts in both these Petitions and the point of law to be considered are more or less the same, both these Petitions are being disposed of by this common judgment.

3. The facts in Writ Petition (L) No.2322 of 2015 are as follows:-

(a) The Petitioner is engaged in the business of transport of goods/cargo including taking on lease from the Railways Train goods compartments i.e. SLR 4 ton Luggage Rack.

(b) Pursuant to a tender notice, the Petitioner and the Respondents entered into an “Agreement for Leasing of Parcel Space in Brake Van / Parcel Van/ Assistant Guard Cabin” dated 9th December, 2013. This agree


























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