DILIP KUMAR MAHATO Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner in the present case is seeking a writ in the nature of writ of certiorari to quash and cancel the letter no.C/4/Pay Phone/Begusarai/94 dated 22.05.2019 (Annexure-5 to the writ application) issued under the signature of respondent no.2 the Divisional Rail Manager, Sonepur. By the impugned order, the petitioner has been called upon to remove its PCO Booth from the platform and to deposit outstanding amount with the Commercial Superintendent, Railways, Begusarai. Petitioner also prays for a direction to the respondent authorities to allow the petitioner to continue the PCO Booth allotted to the petitioner at Platform no.1 at Begusarai Railway Station.

(2.) It is the case of the petitioner that on the ground of his being 60% disabled/handicapped person, the Railways allotted him Booth vide letter no.C/4/Pay Phone/Begusarai/94 dated 25.11.1994. A copy of the allotment letter is Annexure-2 to the writ application. Initially, the allotment was for the period from 01.12.1994 to 30.11.1995. It is 5"X6" area on the platform on which the petitioner was allowed to construct Booth.

(3.) It is not in dispute that the petitioner was running PCO Booth after the allotment, but the petitioner claims that all of a sudden he got letter dated 22.05.2019 from the Railways calling upon him to vacate the place of PCO Booth on the ground that the allotment period has lapsed. The petitioner submits that prior to issuance of the letter, as contained in Annexure-5 to the writ application, no show cause notice or opportunity of hearing was given to the petitioner. In several paragraphs of the writ application, he has stated that he is running the PCO Booth and that is the source of his livelihood. In this connection, he has also submitted a representation dated 10.06.2019, as contained in Annexure-6 to the writ application, to the Divisional Manager, Rail, East Central Railway, Sonepur.