LAWS(ALL)-1997-7-237

BASHEER AHMAD Vs. UNION OF INDIA

Decided On July 02, 1997
Basheer Ahmad Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE facts of the case are simple. The petitioner is a barber, who was given permission by a licence, issued by Senior Divisional Commercial Superintendent, Northern Railway, Moradabad, to carry on his trade at the platform of Hapur station. The period of the licence was for one year. When the licence was not renewed, the petitioner filed the present petition. In the counter affidavit, the railway administration contends that after the expiry of the period of the licence the petitioner is not in possession of any kiosk at the railway station at Hapur and is neither running nor carrying on his trade as a consequence of the licence. The petitioner resists this stand of the railway administration. On his behalf it is submitted by his counsel that the petitioner is still carrying on his trade. The Court views the situation thus: The petitioner has no more right than under the terms of the licence. As far as the petitioner is concerned, it is a simple case of being called for break -fast and thereafter insisting that he will stay for dinner. With the period of the licence over, any right the petitioner to carry on his trade or calling as a barber, at the station platform, is over. The petitioner has no right legal or otherwise beyond the period of the licence. The petition is misconceived. It is accordingly dismissed.

(2.) CONSIDERING that the petitioner is a barber at a railway platform kiosk, there will be no order on costs.