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Karnataka High Court

Mohammed Dastagir vs Railway Board on 23 April, 2024

Bench: Chief Justice, Krishna S Dixit

                                                -1-
                                                          NC: 2024:KHC:16250-DB
                                                          WP No. 51777 of 2019




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 23RD DAY OF APRIL, 2024

                                             PRESENT

                           THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                                AND
                             THE HON'BLE MR. JUSTICE KRISHNA S. DIXIT

                              WRIT PETITION No. 51777 OF 2019 (GM-RES)


                   BETWEEN:

                   1.   MOHAMMED DASTAGIR,
                        S/O ABDUL RAHAMAN,
                        AGED 65 YEARS,
                        No.159, 4TH MAIN,
                        UDAYAGIRI 2ND STAGE,
                        MYSURU-570019.
                        (PARTY IN PERSON)
Digitally signed                                                   ...PETITIONER
by RUPA V
Location: HIGH     (BY SRI MOHAMMED DASTAGIR, PARTY-IN-PERSON)
COURT OF
KARNATAKA
                   AND:

                   1.   RAILWAY BOARD,
                        REPRESENTED BY ITS CHAIRMAN,
                        RAIL BHAVAN,
                        RAISINA ROAD,
                        NEW DELHI-110001.

                   2.   SOUTH WESTERN RAILWAY,
                        REPRESENTED BY ITS PRINCIPAL
                        CHIEF COMMERCIAL MANAGER,
                        BHAVANI NAGAR, SUVIDHA COLONY,
                        HUBBALLI-580023.

                                                                ...RESPONDENTS
                   (BY SRI VENKATANARAYANA B. S., ADVOCATE FOR R1 & R2)
                                    -2-
                                           NC: 2024:KHC:16250-DB
                                           WP No. 51777 of 2019




      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA BY PARTY-IN-PERSON PRAYING TO
DECLARE     THAT     LEVY    AND    COLLECTION    OF    SUPERFAST
SURCHARGE ON MALGUDI EXPRESS IS NOT AUTHORIZED BY
LAW AND HENCE ILLEGAL AND VOID AB INITIO. DIRECT THE
RESPONDENT TO STOP LEVYING AND COLLECTING SUPERFAST
SURCHARGE FROM PASSENGERS TRAVELING IN MALGUDI
EXPRESS AND ETC.

      THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING

                               ORDER

The petitioner-party in person Mr.Mohammed Dastagir appeared through video conferencing and invited the attention of the Court to the memo filed by him dated 05.02.2024.

2. It is stated in the aforesaid memo that in the petition, the grievance was with regard to illegal collection of superfast charges from the passengers travelling by train - Malgudi Express. It is further stated that in view of passage of time, the prayers in the petition have become infructuous and the petitioner does not intend to pursue with the petition any further.

3. Accordingly, permission is prayed for to withdraw the petition. -3-

NC: 2024:KHC:16250-DB WP No. 51777 of 2019

4. The permission as prayed for is granted.

5. Accordingly, the writ petition is dismissed as withdrawn.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE RV List No.: 1 Sl No.: 96