IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7775 of 2019

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Rajesh Sinha Son of Late Nawal Kishore Prasad, resident of Mohallah-

Jagarnath Puri Barmasiya, Police Station- Katihar, District- Katihar.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Railway, Government

of India, Rail Bhawan, New Delhi.

2.

North East Frontier Railway, through its General Manager having its office

at Maligaon, Guahati.

3.

The General Manager, North East Frontier Railway, having its office at

Maligaon, Guahati.

4.

The Divisional Railway Manager (Commerical), North East Frontier

Railway having its office at Katihar Railway Station.

5.

Sr. Divisional Commercial Manager, Katihar Railway Station, Katihar.

6.

The Chief Commercial Manager (Station) Katihar Railway Station, Katihar.

7.

The Chief Commercial Inspector, Katihar North East Frontier Railway

having its office at Maligaon, Guahati.

8.

The Inspector I/C, Railway Protection Force, Post Katihar (East), North East

Frontier Railway having its office at Katihar Railway Station.

9.

Smt. Rekha Devi, Wife of Deepak Kumar Sinha, resident of Mohalla-

Jagarnath Puri Barmasiya, Police Station- Katihar, District- Katihar.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Bimal Kumar, Advocate

For the Respondent/s

:

Dr. K.N. Singh, ASG

Mr. Radhika Raman, CGC

Mr.Anil Kumar Sinha, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 18-10-2022

Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

(I) For issuance of appropriate writ/writs, order/orders,

direction/directions for nature of certiorari quashing the letter

Patna High Court CWJC No.7775 of 2019 dt.18-10-2022

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No.C/470/KIR catg.vending/Genl/Pt.I dated 13.03.2018 issued by

the DCM/KIR by which the respondent concern has directed the

petitioner that his appeal to transfer the vending unit of Late

Vimla Devi in his name cannot be considered hence license of

such vending unit is hereby cancelled and also directed the

petitioner to vacate and remove the structure of station premises

immediately by clearing due on account of license fee and other

charges.

ii. For issuance of appropriate writ/writs, order/orders,

direction/directions for quashing the letter No.CS/CTG-

VTG/KIR/11/17 dated 28.03.2019 issued by the Chief Commercial

Inspector (Katihar), by which he directed the Inspector, RPF, Katihar

to remove the structure (shop) situated at platform No.6/7 by police

force since 31.03.2019 at 10.00A.M.

(iii)

For

issuance

of

appropriate

writ/writs/order/orders/direction/directions for commanding the

respondents to allow the petitioner to continue to run his aid stall over

the said Railway Station by allowing him to continue the vending unit

of late Bimla Devi who was his mother and license holder keeping in

view that the petitioner is always ready to pay the entire dues for

which he made several representation before the Authority concern

for accepting the license fee or other charges as fixed by the Railway

Authority but the Authority himself sitting tight over the matter.

(iv) For holding and declaring that the said notice for

cancellation of license as well as for eviction of stall is even otherwise

illegal and bad in law, as well as on fact.”

After the matter was heard for some time, learned

Patna High Court CWJC No.7775 of 2019 dt.18-10-2022

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counsel for the petitioner, under instructions, states that

petitioner shall be content if a direction is issued to respondent

no.8, namely, The Inspector I/C, Railway Protection Force, Post

Katihar (East), North East Frontier Railway h