VAISHALI ENTERPRISES Vs. INDIAN RAILWAY

JUDGEMENT

(1.) Heard Shri P.K. Shahi, learned Senior Counsel for the appellants, Shri Ramesh Kumar Agrawal, learned counsel for the IRCTC and Shri Ramadhar Shekhar, learned counsel for the Railways.

(2.) This appeal questions the correctness of the judgement of a learned Single Judge dated 19th February, 2019 in relation to the right of renewal being claimed by the appellants and to retain their licences with regard to vending of a Major Unit in terms of the policy of the respondents, wherein the learned Single Judge has declined to grant relief and has dismissed the writ petition on the ground that since the appellants are claiming rights with regard to the running of a major unit, therefore, the relief based on the claim of minor and special minor units is not tenable. The learned Single Judge has further on a factual indication about the categorization of the appellants held that such issues cannot be considered by the writ Court as the policy of the respondent- IRCTC was under challenge before the Supreme Court and the said challenge has failed.

(3.) Both the grounds to non-suit the appellants have been assailed and the learned counsel for the appellants contends that the findings recorded by the learned Single Judge proceeded on erroneous assumptions of fact and law and are based on a total misconstruction of the impact of the judicial pronouncements of the Apex Court. Consequently, the judgment deserves to be set aside and the reliefs prayed for by the appellants deserve to be granted.