Patna High Court - Orders
Bharat Kumar Agarwal @ Bharat Kumar vs The Union Of India on 6 November, 2020
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8604 of 2020
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Bharat Kumar Agarwal @ Bharat Kumar Son of Nand Lal Barbariya Resident
of A-2/701, Nandanvan-2, VIP Road, VESU, Near Balaji Villa, Surat City,
Surat, Gujarat-395007 through his Power of attorney holder namely Deep
Chandra Barbariya Male aged about 46 Years Son of Shri Nand Lal Barbariya
resident of Ward NO.5, Deepmala, Hasanpur Bazar, Rampur Razawa,
Hasanpur Sugar Mill, P.S. Hasanpur, Samastipur.
... ... Petitioner/s
Versus
1. The Union of India through the Chairman, Railway Board, Ministry of
Railways New Delhi.
2. The Director, Land and Amenities, Railway Board, Ministry of Railways,
New Delhi.
3. The General Manager, East Central Railway, Zonal Officer Hazipur,
Vaishali.
4. The Divisional Railway Manager, East Central Railway, Samastipur
Division,Samastipur.
5. The Assistant Divisional Engineer, East Central Railway, Samastipur.
6. The Senior Section Rngineer, (Works) Line, Eastern Central Railway,
Samastipur.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 8607 of 2020
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Kamlesh Kumar alias Kamlesh Kumar Barbariya Son of Kashi Prasad
Barbariya resident of Ward No. 5, Hasanpur Bazar, Hasanpur Sugar Mill, P.S.
Hasanpur, Samastipur - 848205 (Represented By His Authorised
Representative Cum Care Taker Kushum Devi Agrawal) through her power of
attorney holder namely Sanjay Kumar Barbariya male aged about 50 years
son of Shri Gopal Prasad Barbariya resident of Ward No. 3, Hasanpur Bazar,
Rampur Razawa, Hasanpur Sugar Mill, P.S. Hasanpur, Samastipur.
... ... Petitioner/s
Versus
1. The Union of India through the Chairman, Railway Board, Ministry of
Railways New Delhi.
2. The Director, Land and Amenities, Railway Board, Ministry of Railways,
New Delhi.
3. The General Manager, East Central Railway, Zonal Office Hazipur, Vaishali.
4. The Divisional Railway Manager, East Central Railway, Samastipur
Division, Samastipur.
5. The Assistant Divisional Engineer, East Central Railway, Samastipur.
Patna High Court CWJC No.8604 of 2020(3) dt.06-11-2020
2/5
6. The Senior Section Engineer, (Works) Line, Eastern Central Railway,
Samastipur.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 8608 of 2020
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Sujeet Kumar Barbaria @ Sujeet Kumar Son of Gopal Prasad Barbaria
Resident of Ward No.3 Road, Hasanpur Bazar, Rampur Rajawa P.S.
Hasanpur, Samastipur-848205 through his Powe of attorney holder namely
Anil Kumar male aged about 55 Years Son of Late Ram Nivas Agrawal
resident of Ward NO.3, Hasanpur Bazar, Rampur P.S. Hasanpur, Samastipur.
... ... Petitioner/s
Versus
1. The Union of India through the Chairman, Railway Board, Ministry of
Railways New Delhi.
2. The Director, Land and Amenities, Railway Board, Ministry of Railways,
New Delhi.
3. The General Manager, East Central Railway, Zonal Office Hazipur, Vaishali.
4. The Divisional Railway Manager, East Central Railway, Samastipur
Division, Samastipur.
5. The Assistant Divisional Engineer, (Works) Line, Eastern Central Railway,
Samastipur.
6. The Senior Section Engineer, (Works) LIne, Eastern Central Railway,
Samastipur.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 8618 of 2020
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Nand Kumar Agrawal Son of Late Niranjan Agrawal now represented by his
grandson and legal heir Vikash Kumar Ararwal through his Power of attorney
Holder Namely Sanjay Kumar Barbariya Male aged about 50 Years Son of
Shri Gopal Prasad Barbbariya resident of Ward No. 3, Hahasanpur Bazar,
Rampur Razawa, Hasanpur Sugar Mill, P.S. Hasanpur, Samastipur.
... ... Petitioner/s
Versus
1. The Union of India thorugh the Chairman, Railway Board, Ministry of
Railways New Delhi.
2. The Director, Land and Amenities, Railway Board, Ministry of Railways,
New Delhi
3. The General Manager, East Central Railway, Zonal Office Hazipur, Vaishali,
4. The Divisional Railway Manager, East Central Railway, Samastipur,
Division, Samastipur.
Patna High Court CWJC No.8604 of 2020(3) dt.06-11-2020
3/5
5. The Assistant Divisional Engineer, East Central Railway, Samastipur.
6. The Senior Engineer, (Works) Line, Eastern Central Railway, Samastipur
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 8604 of 2020)
For the Petitioner/s : Mr.Gautam Kumar Kejriwal
For the Respondent/s : Mr.Dr. K.N. Singh (AG)
: Mr.Bijoy Kumar Sinha
(In Civil Writ Jurisdiction Case No. 8607 of 2020)
For the Petitioner/s : Mr.Gautam Kumar Kejriwal
For the Respondent/s : Mr.Dr. K. N. Singh (Asg)
: Mr.Siddharth Prasad
(In Civil Writ Jurisdiction Case No. 8608 of 2020)
For the Petitioner/s : Mr.Gautam Kumar Kejriwal
For the Respondent/s : Mr.Dr. K.N. Singh (Asg)
: Mr.Abbas Haider
(In Civil Writ Jurisdiction Case No. 8618 of 2020)
For the Petitioner/s : Mr.Gautam Kumar Kejriwal
: Mr.Alok Kumar Jha
: Mr.Prakash Chandra Agarwal
: Mr.Pawan Kumar Singh
For the Respondent/s : Mr.Dr. K.N. Singh (Asg)
: Mr.Siddharth Prasad
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
3 06-11-2020Similar dispute, which the present batch of four writ applications have, was admittedly involved in C.W.J.C. No. 18109 of 2018 (Vijay Sah v. Union of India and others), disposed of by an order of this Court dated 04.11.2019 in following terms, which reads thus:-
"Heard learned counsel for the petitioner and the Railways. A counter affidavit has been filed on behalf of respondents-Railways. Learned counsel for the petitioner submits that he is not required to file any rejoinder thereto and the matter may be heard and disposed off on the basis of materials available on the record.
Patna High Court CWJC No.8604 of 2020(3) dt.06-11-2020 4/5 After hearing learned counsel for the petitioner and learned counsel for the Railways and upon perusal of the statements made in the counter affidavit, this Court is of the considered opinion that the petitioner has submitted a copy of representation as contained in Annexure '4' to the writ application to the General Manager, East Central Railway, Hajipur, Vaishali who will look into the grievance of the petitioner, shall examine all these issues raised by him and shall take an appropriate decision with an intention to amicably resolve the dispute in terms of the agreement. In case the dispute cannot be resolved amicably, the parties may invoke the relevant provision of the agreement which talks of resolution of dispute through arbitration. In this regard it has been submitted that although in Clause 24, the General Manager, East Central Railway has been named as 'वववाचक' (Arbiter), now in view of the amendment of the Arbitration and Conciliation Act, 1996, he cannot act as Arbitrator. At this stage, this Court would only observe that in case the parties have, in terms of Clause 24, decided to get the matter resolved through arbitral process, it will be open for them to agree on the mode of appointment of the Arbitrator if occasion so arises. Till a decision is taken by the General Manager, East Central Zone, Hajipur on the representation of the petitioner, no coercive action shall be taken against him to forcibly evict from the premises. The writ application stands disposed off."
Learned counsel for the petitioners submits that Patna High Court CWJC No.8604 of 2020(3) dt.06-11-2020 5/5 these applications may also be disposed of, in terms of the said order dated 04.11.2019 in case of Vijay Sah (supra). Mr. Siddharth Prasad, learned counsel representing the respondents- Railway has no objection to such submission.
These applications are accordingly disposed of with the same direction observations, as in the said order dated 04.11.2019 (supra).
It is further observed that, till a decision is taken by the General Manager, East Central Railway, Hajipur, on the representations of these petitioners, no coercive action shall be taken against them, for forcibly evicting them, from the premises, on the ground of non-payment of the demand based on revised licence fee, if the representations are filed within six weeks from today.
(Chakradhari Sharan Singh, J) AKASH/-
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