SULTAN HUSSAIN Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) One of the primary prayers in the present writ petition is to quash Clause 1.3 of paragraph (II) of the Comprehensive Leasing Policy (as amended vide Freight Marketing Circular No. 11/2007 dated 12th April, 2007) on the ground that it is arbitrary, irrational, suffers from nonapplication of mind and in direct conflict with Clause 1.7 of the paragraph (II) of the same policy.

(2.) Mr. Ashish Mohan, learned counsel for the petitioner points out that in the Clause 1.3 of the amended policy, it is stated that Railways may in addition to the penalties stipulated in Clause 1.2 also cancel the lease of a leaseholder and additionally cancel his registration with the Divisional Railway.

(3.) Mr. Mohan points out that in contradistinction, Clause 1.7 provides that registration of leaseholder would only be cancelled in case of overloading for two separate contracts and that too, after a minimum of eight violations.