LAWS(CAL)-2018-9-225

ARUN BANERJEE Vs. UNION OF INDIA & ORS

Decided On September 19, 2018
ARUN BANERJEE Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) The writ-petitioner's father Monotosh Kumar Banerjee was allotted two tea-stalls in Khardah Railway Station. The agreement with the father was from 01.01.1988 to 31.12.1992. The writ-petitioner's father died on June 12, 2001. Thereafter, the said stalls were not allotted to anybody.

(2.) The petitioner is stated to be unauthorizedly operating the said two tea-stalls. Whereupon on March 27, 2018, the Railways claimed occupation charges of about Rs.9,52,000/- for the outstanding dues as on December 31, 2005 and thereafter until December 31, 2017.

(3.) The Railways submitted that the writ-petitioner has suppressed the vital material fact of his having been evicted from the said premises. The writpetitioner disputes the same and says that the shoprooms have only been sealed.