RAJENDRA PRASAD SINGH, REPRESENTING AS PRESIDENT OF HATIA RAILWAY MARKET COMMITTEE, HATIA Vs. THE UNION OF INDIA THROUGH THE GENERAL MANGER, SOUTH EASTERN RAILWAY, GARDEN REACH, KOLKATA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Two petitioners, one claiming to be representing the Hatia Railway Market Committee and another in his individual capacity had approached this Court seeking to raise grievance in respect of members of Hatia Railway Bazar Samiti who are said to be the allottees of the shops made on railway plot no. P/1 to P/67 of the Hatia Railway Market Ranchi. Petitioners have made following prayers:-

(3.) On 19.6.2008 the matter was taken up and an interim order was passed directing maintenance of status-quo. The matter thereafter remained pending and the respondent-Railway appeared and filed counter affidavit. The respondent-Railway also raised the plea objecting to the maintainability of the writ petition at the instance of the petitioner who claims to have filed the writ petition in a representative capacity. Learned counsel for the petitioner undertook to produce letter of allotment which was not produced by the next date and again on 28.1.2016 they were directed to comply with the order dated 6.1.2016. By way of supplementary affidavit filed on 15.2.2016 the allotment of plot through letter dated 17.4.1976 in the name of Ram Pravesh Singh and another license for temporary occupation of the Railway land vide Annexure-9 in the name of Rajendra Prasad Singh dated 6.1.1983 were brought on record. No other allotment letters of any such members were brought on record. Taking into account all these facts and also that there was an interim order operating, the matter was posted for consideration on 2.3.2016, when the following order was passed:-