PREMLATA SHRIVAS Vs. SOUTH EASTERN CENTRAL RAILWAY

JUDGEMENT

(1.) In this writ appeal, the challenge levied is to the order dated 30.08.2017 passed by learned Single Judge in Writ Petition (C) No. 2361/2017 whereby and whereunder the said writ petition has been dismissed.

(2.) It is admitted by the respondents that shop Nos. 11 & 12 in railway market at Champa Railway Station were alloted to the father of the appellant i.e. Late Pyarelal Shriwas, on temporary licence basis in the year 1975. The licence agreement was renewed upto year 1990. They had given notice to the appellant for vacating the aforesaid shops. The appellant had earlier preferred a writ petition in which the learned Single Judge had passed order on 03.07.2017 (Annexure P/7) in which the respondents have been directed to consider the reply of the appellant and decide the matter after hearing the appellant in accordance with law. The appellant made a representation which has been rejected by the respondents vide Annexure P1 dated 09.08.2017.

(3.) In brief, the appellant's case is that her father died in the year 2007. After death of her father, she applied for transfer and renewal of the licence in her name but the respondents did not consider her case instead considered her as unauthorised occupant and termed her possession nothing but an encroachment. Annexure P/1 has been passed violating the Master Circular dated 10.02.2005 (Annexure P/8).