18-11-2025

ct no. 10

Sl.53

RP

WPA 924 of 2023

DG Raj Highway Services .

-Versus-

Union of India & Ors..

Mr. Saptarshi Roy,

Ms. Kakali Das Chakraborty

…for the petitioner

Mr.Rudra Jyoti Bhattacharjee,

…for the Respondent no. 1 to 5.

1. Heard the parties through their

respective learned Counsels at length.

2. The petitioner’s main contention is with regard to the setting aside of the

letter of termination dated 05.01.2023.

3. The petitioner being the leaseholder submits that the two Clauses 8.4 and 25.1 as stipulated in the agreement does not apply to the petitioner since the lease operation commenced at SHM on 16.01.2022 and the petitioner successfully loaded the lease VPH till 17.09.2022 after paying due freight charges on 16.09.2022. The petitioner draws attention of the Court to a notice of suspension on and from 21.9.2022 till the redressal of the grievance dated 19.9.2022 was served upon the railway authorities under Clause 8.4 read with Clause 8.8 of the agreement dated 30^th December, 2021. Secondly, the

Clause 25.1 of the agreement can be invoked only from the end of the lease holder and not from the railways authorities. The relevant Clause being Para 25.2 ought to have been invoked by the r