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2005 Supreme(All) 544

B.S.CHAUHAN, DILIP GUPTA
A. H. Wheeler – Appellant
Versus
Union of India – Respondent


Advocates:
GOPAL SUBRAMANIUM, Govind Saran, V.B.SINGH, YASHVANT VARMA,

B. S. CHAUHAN, DILIP GUPTA, JJ.

( 1 ) THE petitioners A. H. Wheelers and Company Pvt. , United and its shareholder have sought the quashing of the Commercial Circular No. 38 of 2004 dated 12. 10. 2004 issued by the Executive director (Candt) Railway Board containing the revised Book Stall Policy-2004 and a direction to the respondents to renew the licence of the petitioner No. 1 in accordance with the provisions of the Commercial Circular No. 19 of 2004 dated 1 1. 6. 2004.

( 2 ) A. H. Wheelers have been operating the Bookstalls on the Railway Stations since 1877 and undoubtedly are the oldest in this field. In 1938 a partnership was constituted to run this business but subsequently on 31. 10. 1953 the firm A. H. Wheeler was incorporated as a Joint Stock company under the Companies Act, 1913. Initially permission had been granted to it for carrying on business of selling books on the Railway Stations but later on formal agreements were entered into between A. M. Wheelers and the Railways throughout the country. It, therefore, transpires that for the past more than 25 years A. H. Wheelers has been engaged in the business of setting up and maintaining bookstalls at various Railway sta









































































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