IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE

13th OF MAY, 2024 WRIT PETITION No. 11068 of 2024 BETWEEN:-

M/S R.D. SHARMA AND SONS THROUGH ITS PARTNER SHRI DHARMENDRA TIWARI HAVING ITS REGISTERED OFFICE AT G1 SWAPNIL APARTMENT PLOT NO 31 32 PHASE V TRILANGA E8 ARERA COLONY BHOPAL (M.P.)

(MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKUR TIWARI - ADVOCATE)

AND

1. WEST CENTRAL RAILWAY THROUGH THE CHIEF COMMERICIAL MANAGER WEST CENTRAL RAILWAY JABALPUR (M.P.) (MADHYA PRADESH)

2. THE SENIOR DIVISIONAL COMMERCIAL MANAGER WEST CENTRAL RAILWAY BHOPAL (MADHYA PRADESH)

3. DIVISIONAL COMMERCIAL MANAGER WEST CENTRAL RAILWAY JABALPUR (MADHYA PRADESH)

4. ASSISTANT COMMERCIAL MANAGER WEST CENTRAL RAILWAY JABALPUR (MADHYA PRADESH)

5. STATION MANAGER (COMMERCIAL) WEST CENTRAL RAILWAY MANAGER KATNI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PUSHPENDRA YADAV – ASSISTANT SOLICITOR GENERAL) This petition coming on for admission this day, the court passed the following:

ORDER

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

i) To call for the records pursuant to the instant subject matter for kind perusal of this Hon'ble Court.

(ii) To issue a writ in the nature of mandamus and direct the respondents to permit the petitioner to use the existing base kitchen for the remaining period of license i.e upto

30.09.2024.

(iii) To issue a writ in the nature of mandamus and direct the respondents to consider the representations of the petitioner filed for allotment of an alternate site for its base kitchen.

(iv) Any other relief which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be issued in favour of the petitioner along with cost of the petition.

2. The only controversy involved in the present case is a direction given by the respondents to the petitioner to shift his base kitchen.

3. It is submitted by counsel for the petitioner that the petitioner has already made a representation to the Senior Divisional Railway Manager (Commercial), West Central Railway Jabalpur Division Jabalpur. The said representation is still pending and therefore, the Senior Divisional Railway Manager (Commercial), West Central Railway Jabalpur Division Jabalpur may be directed to decide the said representation.

4. Counsel for the respondents expresses his no objection if the representation is directed to be decided.

5. Accordingly, this petition is disposed of with a direction to the Senior Divisional Railway Manager (Commercial), West Central Railway Jabalpur Division Jabalpur to decide the representation on its own merits. This Court has not considered the merits / demerits of the claim of the petitioner and the representation shall be decided strictly in accordance with law as well as the provisions of contract, without getting prejudiced or influenced by this order. The representation shall be decided within a period of 30 days from the date of production of certified copy of this order.

(G.S. AHLUWALIA)

JUDGE HEMANT SARAF +05'30'

HS