SHASHI RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned Counsel for the Petitioner is permitted to add Sri Baskit Rai, the settlee of the motor car stand, Hajipur Railway Station, as party Respondent No. 4 in the course of the day.

(2.) The Petitioner seeks quashing of the order dated 5.8.2010 passed by Respondent No. 3, the Divisional Rail Manager (Commercial), Sonepur, Chapra by which he has permitted the newly added Respondent No. 4 to collect the parking fee from the owners of the Tata Magic Vehicles also within the 670 Sq.m. parking area earmarked for him.

(3.) The Petitioner is a settlee of Tempo Stand at Hajipur Railway Station over an area of 400 Sq.m. and lastly on the expiry of the period of settlement on 9.8.2010 the same has been extended for a further period of ninety days from 10.8.2010 or until the disposal of the next tender. Pursuant to the said settlement he has been collecting the prescribed parking fee from the owners of the tempos. The Petitioner claims that the Magic vehicles produced by Tata Motors are also being used as taxi for carriage of passengers and were being parked earlier exclusively in the parking area allotted to him but by the impugned letter dated 5.8.2010 the Respondent No. 4 has also been permitted to allow parking of the said vehicles in the parking area of Motor Car Stand, Hajipur Railway Station with him. The Respondent No. 4 is settlee of 670 Sq.m. parking space at the Hajipur Railway Station premises for the said motor car stand for the period from 18.11.2009 to 17.11.2012 but by the impugned order dated 5.8.2010 he has been permitted to charge parking fee from the owners of the Magic vehicles also in the parking area allotted to him.