PERVAIZ RASHID Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Through the medium of instant writ petition, petitioner seeks the following reliefs:-

(2.) The case of the petitioner is that petitioner being an unemployed youth, applied to the respondents for allotment of a space at Jammu Tawi Railway Station, Jammu for running a STD/PCO booth so as to earn his livelihood as also livelihood for his family under unemployed quota. The request of the petitioner was duly considered by the respondents and vide agreement executed between the petitioner and the respondents, petitioner was permitted to run PCO booth with STD/ISD/Fax/Internet facilities for a period of five years from 25.03.2011 to 24.03.2016 in Reservation Complex at Railway Station Jammu at the annual license fee of Rs.10,560/- with a further condition that the same will be increased @ 10% at every subsequent year + 65% of commission (the percentage as agreed upon by the licensee which will in no case be less than 10% of the commission payable to the Booth Operator by the Service provider i.e. BSNL/MTNL) or any other authorized service provider) earned by him. It is stated that after grant of permission and execution of the agreement, petitioner started running his STD/PCO booth for the purpose of earning his livelihood and has also remained complying with the terms and conditions stipulated in the order of allotment/permission. During this period, the petitioner never ever had given any chance of complaint to any of the respondents.

(3.) It is further submitted that the petitioner before the expiry of the aforesaid extended period of five years, duly applied before the respondents for renewal of the permission for another five years by submitting application, dated 28.03.2016 and after submission of application, the application has been given to understand that the respondents instead of renewing the permission/license, are making efforts to allot the space where the petitioner is running his STD/PCO Booth to some of their blue eyed persons and are not going to renew the permission granted in favour of the petitioner. The petitioner, facing threat of non-renewal of the permission/license to run STD/PCO booth, has been regularly approaching the respondents for renewal of the permission/license and for execution of agreement, but all the efforts being put by the petitioner have not yielded any positive result. It is stated that the petitioner has no other sources of income and in case the respondents succeed in throwing the petitioner, the fundamental rights including the right to livelihood guaranteed to the petitioner shall be seriously jeopardized and infringed with impunity. The petitioner is operating his STD/PCO booth for the last more than ten years and he cannot be ousted on any grounds and there is no reason or justification with the respondents for not renewing the same.