MD.EQUBAL KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) LEARNED counsel for the petitioners in both the petitions vehemently submitted that the present petitioners are having their stalls on railway platform no. 1 of Tatanagar railway station since several years. Licence fees have already paid by the present petitioners and despite this without giving any opportunity of being heard, their stalls have been ordered to remove and, therefore, both the petitions have been preferred.

(2.) I have heard learned counsel for the respondents, who has mainly submitted that the respondents have not sold away part of the platform to the petitioners; they are occupying since half a century the stalls in question. Licence has not been renewed. Payment of fees is not an automatic extension of licence. Nonetheless, it is fairly submitted by learned counsel for the respondents that adequate opportunity of being heard will be given to the petitioners by Senior Divisional Commercial Manager, Chakradharpur Division, South Eastern Railway, whose office is situated at Chakradharpur or the petitioners will be heard by Station Manager, Tatanagar railway station.

(3.) LOOKING to the controversy between the parties, opportunity of being heard will be given before passing any order against the present petitioners by Station Manager, Tatanagar railway station. Petitioners are permitted to file their representations within a period of one week from today with proper averments, allegations and annexures. If the same is not filed, this writ petition will be treated as their representations and I hereby direct Station Manager, Tatanagar railway station to dispose of these representations within a period of three weeks from the date of receipt of a copy of the order of this Court. If the representation is filed, then, these three weeks will be calculated after receipt of the additional representations, preferred by the petitioners.