Occupational charges must be paid to continue in possession of a property belonging to the Railway Authorities.

1. This is a writ petition challenging the letter dated 13th March, 2018 issued by the Railway Authorities, Sealdah Division relating to eviction of two Tea Stalls and one Dalla running in the name & style of M/s. Harendra Nath Bose at Shyamnagar Railway Station. A copy of the same was also given to Sri Abhoy Bose, the petitioner herein and he was directed to pay a sum of Rs.73,39,768/- (Rupees Seventy Three Lakhs Thirty Nine Thousand Seven Hundred Sixty Eight only) within a period of 15 days as occupation charges.

2. The petitioner submits that he is the brother of Subhas Chandra Bose who is the petitioner in an earlier writ petition filed before this High Court in relation to the impugned tea stalls.

3. Mr. Purshottam Singh and Mr. Tanwir Alam appearing on behalf of Railway Authorities, Sealdah Division submits that neither Subhas Chandra Bose nor Abhoy Bose is the original licensee and the same has expired in the year 1999. It is their submission that nobody is making any payment of the occupational charges and accordingly the action of eviction is legal and as per law.

4. The petitioner appearing in person has submitted that he having obtained leave of this Court filed this writ petition and thereafter served copy upon the Railway authorities on 16th March, 2018 in the afternoon. However, he has informed this Court that in violation of established principles of law, the very next date the Railway Authorities had entered into the premises and evicted the petitioner. The above action of the railway authorities is shocking as they were very well aware that the matter would be taken up within two days, i.e., on 19th March, 2018.

5. The Court does not appreciate the haste in which the authorities have acted on having received a copy of the writ petition when they sat silent over this matter for a decade. The authority such as Railways is not expected to behave in such an arbitrary manner. The Railway Authorities could very well have appeared in Court today and put forward their case instead of breaching all principles of conventional wisdom by acting in hot haste.

6. The action of the Railway Authorities is absolutely mala fide and this Court deprecates the above action of eviction taken by the Railway Authorities. The above action of the Railway Authorities that did not act for a period of over 11 years and then suddenly decided to evict the petitioner on receiving a copy of the writ petition is untenable as the same reeks of prejudice and caprice. The persons appearing for the Railways could not explain the reasons for such action and no proper explanation was forthcoming for their end before this Court.

7. This Court however, does appreciate that without payment of occupational charges nobody has a right to continue in possession of a property belonging to the Railway Authorities and the Court does not wish to allow an allegedly unauthorized person to continue in such a manner without putting him to strict terms as the same involves public money.

8. In view of the above, it would be a just and proper to direct the Railway Authorities to remove the seal from the impugned premises and allow the Tea Stalls and Dalla to continue functioning immediately upon the petitioner making an immediate payment of Rs.12,50,000/- (Rupees Twelve Lacks Fifty Thousand only) by way of a Demand Draft in the name of Financial Advisor & Chief Accounts Officer, Eastern Railway, Kolkata to be deposited in the Office of the Senior Divisional Commercial Manager, Eastern Railway, Sealdah Division, within a period of 10 days from date.

9. Furthermore, the petitioner shall pay the occupational charges as determined by the Railway Authorities on a monthly basis within 7 days of the bill being raised by the Railway Authorities. In the event of any default, the Railway Authorities shall be at liberty to proceed in accordance with law.

10. The above payment of Rs.12,50,000/- and the monthly payments being made by the writ petitioner shall be kept in a separa