SURYAKANTA SANGANERIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Writ Petition has been filed with a prayer to quash the decision of opposite party No.2-Chief Post Master General, Odisha Circle, Sachivalaya Marg, Bhubaneswar and opposite party No.3-Senior Superintendent of Post Offices, Cuttack City Division, Cantonment Road, Cuttack regarding closing down of Binod Bihari Sub-Post Office on 28.06.2012 on relocation basis as stated in letter dated 03.07.2012 (Annexure-2). Petitioners' further prayer is for issue of a writ of mandamus directing opposite parties 2 and 3 to maintain and continue the Binod Bihari Sub-Post Office as it was functioning prior to 28.06.2012.

(2.) THIS Writ Petition has been filed in the nature of Public Interest Litigation. Petitioner No.1 is the President of Balu Bazar Puja Committee, working President of Cuttack Mahanagar Shanti Committee and a practising Advocate, residing at Nayasarak, Cuttack. Petitioner No.2 is a resident of Alamchand Bazar and ex-Corporator of Cuttack Municipal Corporation and presently is the working Secretary of Balu Bazar Puja Committee. Petitioner No.3 is a resident of Banka Bazar and a former Member of Parliament (Rajaya Sabha) and a practising Advocate at Cuttack and a noted Social Worker and Vice-President of Balu Bazar Puja Committee.

(3.) MR .A.N.Das, learned counsel appearing for the petitioners submitted that relocation of Binod Bihari Sub-Post Office at Sector-11, Markat Nagar, C.D.A. instead of opening a new Sub-Post Office at Sector-11, Markatnagar, CDA is arbitrary action of opposite parties 2 and 3 without valid reasons. Even though the Sub-Post Offices of Kazi Bazar and Upper Telenga Bazar are not so commercially viable to the Postal Department, but in the larger interest of local residents, these Post Offices were/are still functioning and have not been relocated. After receipt of representations under Annexure- 1 series by opposite party No.3, opposite party No.3 sent a reply by registered post with A.D. to petitioner No.2 stating therein that Binod Bihari Sub-Post Office has already been closed down on relocation basis on 28.06.2012 and as such the representation under Annexure-1 could not be accepted. In case of closure or shifting of the Binod Bihari Sub-Post Office a lot of people shall suffer. Concluding his argument, Mr. Das submitted to allow the writ petition.