M KSHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has filed this writ petition seeking, inter alia, a declaration that Section 142 and 143 of the Railways Act, 1989 is ultra vires of the Constitution of India. However, during the course of submissions, petitioner has not pressed his prayer and has confined his prayer in the writ petition for quashing of the orders dated 7th July, 2000, 13th September, 2000 and 18th June, 2001 which are annexed with the writ petition as annexure-J colly. and annexure-L by which the petitioner"s prayer for renewal of the licence granted under the Authorisation of Railway Travellers Service Agents rules, 1985 was declined.

(2.) THE facts are in a narrow compass and may be briefly noted as under: petitioner had applied for a grant of licence in January, 1997, under the aforesaid Rules. Petitioner was duly granted licence on 06. 01. 1997 which was to expire on 5th January, 2000. As required the petitioner applied for renewal of licence on 28. 09. 1999. It is urged that renewal of the licence was to be granted as a matter of course. Only for non-renewal reasons were to be recorded as per Rule 7 which is reproduced below for facility of reference:

(3.) PETITIONER had applied for renewal of licence on 28. 09. 1999. The said application did not find favour and was rejected on 13th March, 2000 by Chief commercial Manager with the following intimation to respondent: