MITHOO LALL @ MITHOO LALL PANDEY AND ORS. Vs. SOUTH EASTERN RAILWAY THROUGH SENIOR DIVISIONAL COMMERCIAL MANAGER AND ORS.

JUDGEMENT

(1.) Mr. Allam. learned senior counsel, appearing for the Petitioners, submitted that the Petitioners have filed this writ petition against the wrong actions of the Railways. Petitioner No. 1, who was having a surahi and pankha Stall at Platform of Tata Railway Station, has been wrongly removed. The Railway did not renew the allotment of Petitioner No. 2 and has sealed his Chemist Shop, though upto date licence fee was paid. With regard to Petitioner No. 3, he submitted that even as per the policy of the Railway, an exclusive Chemist Stall can be provided at 'A-1' category Stations.

(2.) On the other hand, Mr. Tiwari, appearing for the Railway, submitted that in view of the recent policy of the Railways, no person can be allowed to hold a stall beyond 8 years, whereas Petitioners were continuing for a very long time without valid renewal of the allotment.

(3.) It appears that pursuant to the order passed in WPC No. 1537 of 2009 on 29th April, 2009, the Railways passed the order dated 2.6.2006 (Annexure-11), which has been impugned in this writ petition. It appears from the said order that after 31.11.2005, no extension or permission was granted to run the stalls in question, and as such they were run unauthorisedly, and that it was necessary to remove the stalls in question as they were making congestion on the platform.