Gauhati High Court
Page No.# 1/4 vs The Union Of India And 5 Ors on 9 May, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010180852021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5780/2021
GOURAV GOHAIN BORUAH
S/O. LT. CHAMPAK GOHAIN BORUAH, NORTH LAKHIMPUR, WARD NO.3,
NA KARI, P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM, PIN-
787001.
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE SECRETARY TO THE GOVT OF INDIA, MINISTRY OF
RAILWAYS, RAIL BHAWAN, NEW DELHI.
2:THE GENERAL MANAGER
N. F. RAILWAY
MALIGAON
GUWAHATI-11.
3:THE SENIOR DIVISIONAL COMMERCIAL MANAGER
RANGIA DIVISION
RANGIA
DIST. KAMRUP (R)
ASSAM.
4:THE DIVISIONAL RAILWAY MANAGER (COMMERCIAL)
N. F. RAILWAY
RANGIA DIVISION
RANGIA
DIST. KAMRUP (R)
ASSAM.
5:THE COMMERCIAL INSPECTOR (CCMI)
NORTH LAKHIMPUR RAILWAY STATION
DIST. LAKHIMPUR
PIN-787001.
Page No.# 2/4
6:THE STATION SUPERINTENDENT
NORTH LAKHIMPUR RAILWAY STATION
DIST. LAKHIMPUR
PIN-787001
Advocate for the Petitioner : MR T H HAZARIKA
Advocate for the Respondent : SC, NF RLY
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
09-05-2022 Heard Mr. S. Banik, learned counsel for the petitioner and Mr. B. Sarma, learned Standing counsel, NF Railways for the respondent Nos. 1 to 6.
The respondent Railways had given a contract to the petitioner to run a Refreshment Room at Platform No.1 at North Lakhimpur Railway Station from 01.11.2015 to 31.10.2020 and pursuant to the same an Agreement of Renewal of Licence was signed between the petitioner and the respondent Railways on 01.10.2019.
Since 01.11.2020 as the respondent Railways did not renew his licence for the said Refreshment Room at North Lakhimpur Railway Station and also did not issue any licence for the said Refreshment Room to anyone, including the petitioner, after 31.10.2020 and that the said stall was closed on 19.02.2021 after following necessary formalities. As the petitioner forcefully opened the said stall at North Lakhimpur Railway Station and re-started the same, the authorities in the respondent NF Railways vide communication No. C/470/RNY/Catg./Renewal Agreement dated 10.09.2021 directed the concerned Divisional Security Commissioner, Rangia Division to ensure the closure of the said Refreshment Room at North Lakhimpur Railway Station at Platform No.1 immediately for further processing of new tender at that place.
Being aggrieved with the said order dated 10.09.2021, the petitioner earlier approached this Court by filing a writ petition being WP(C) No. 4815/2021. Since the Agreement signed Page No.# 3/4 between the petitioner and the Respondent Railways dated 01.10.2019, noted above, consist of an Article relating to 'Dispute Resolution' between the petitioner and the respondent Railways being Article 19, the Court by order dated 20.09.2021 dismissed the said WP(C) No. 4815/2021 as the petitioner had an alternative remedy available to him, in terms of the said Agreement dated 01.10.2019 for redressal of his grievances by approaching the appropriate dispute resolution forum and the Court did not interfere with the said closure order dated 10.09.2021 issued by the respondent Railways.
Against the said order dated 20.09.2021, passed in WP(C) No. 4815/2021, the petitioner preferred an appeal being Writ Appeal No. 263/2021 which too, was dismissed on 01.11.2021 upholding the order dated 20.09.2021, passed in WP(C) No. 4815/2021.
It is stated by the petitioner that the respondent Railways vide No.C/ 470/RNY/Catg./2021/NLP/RR dated 29.09.2021 issued Tender Notice with regard to the said Catering Unit (Refreshment Room) at North Lakhimpur Railway Station at Platform No.1 for a period of 5 years that was earlier managed by the petitioner from 01.11.2015 to 31.10.2020.
In the meanwhile, three of the authorities of the respondent NF Railways conducted a joint verification of Catering/Vending Units of North Lakhimpur Railway Station regarding closure of Refreshment Room who have already closed their business, including that of the petitioner, in terms of the aforesaid letter dated 10.09.2021 issued by the respondent Railways, involved in WP(C) No. 4815/2021, informing the petitioner about the same on his Whatsapp Number, over telephone and sending him a hard copy of closure intimation letter. But the petitioner inspite of that did not come to the North Lakhimpur Railway Station for taking all of his utensils, utilized/available materials in the said Refreshment Room for its sealing. As such, the authorities in the respondent Railways in his absence on 21.09.2021 sealed the said Refreshment Room at North Lakhimpur Railway Station, that was managed by the petitioner upto 31.10.2020 and submitted the necessary report in that regard.
In that regard, the petitioner placed before the Court the provision of Section 9 of the Arbitration and Conciliation Act, 1996, which are duly considered by the Court.
The petitioner is yet to approach the concerned forum for redressal of the dispute in terms of the Article 19 of the Agreement dated 01.10.2019 and has preferred this writ Page No.# 4/4 petition on 28.10.2021 praying amongst others not to give effect the impugned closure report dated 21.09.2021 as well as Notice Inviting Tender dated 29.09.2021, noted above.
Mr. B. Sarma, learned Standing counsel, Railways on specific instruction submitted that in terms of the said NIT dated 29.09.2021 with regard to said Catering Unit (Refreshment Room) at Platform No.1 of North Lakhimpur Railway Station, earlier managed by the petitioner upto 31.10.2020, has already been finalized in favour of one Manju Devi and Letter of Acceptance in that regard was already issued on 24.01.2022.
It is already seen that the order of closure of the Refreshment Room at North Lakhimpur Railway Station Platform No.1 managed by the petitioner upto 31.10.2020 issued by the respondent Railway authorities on 10.09.2021 that was challenged by the petitioner earlier in WP(C) No.4815/2021 was not interfered by the Court and rather the said WP(C) No. 4815/2021 of the petitioner was dismissed on 20.09.2021 which was affirmed by Division Bench of this Court by order dated 01.11.2021 passed in WA No. 263/2021.
Considering the entire aspect of the matter and for the reasons above, this Court is of the opinion that it is not a fit case to exercise its power conferred under Article 226 of the Constitution of India to consider the prayers of the petitioner made in this petition.
Accordingly, this writ petition being devoid of merit, stands dismissed.
JUDGE Comparing Assistant