Gujarat High Court
Hc And SonsA Firm Run By Legal Heirs Of vs Senior Divisional Commercial Manager & ... on 29 January, 2016
Author: R.M.Chhaya
Bench: R.M.Chhaya
C/SCA/16889/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 16889 of 2014
===================================================
HC AND SONSA FIRM RUN BY LEGAL HEIRS OF
DECEASED....Petitioner(s)
Versus
SENIOR DIVISIONAL COMMERCIAL MANAGER & 3....Respondent(s)
===================================================
Appearance:
MR ASIT B JOSHI, ADVOCATE for Petitioner Nos.11.3
MS ARCHANA U AMIN, ADVOCATE for Respondent Nos.14
===================================================
CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 29/01/2016
ORAL ORDER
(1) Heard learned counsel for respective parties.
(2) By way of this petition under Article 226 of the Constitution of India, the petitioners have challenged order dated 19.01.2013 passed by respondent No.3 authority whereby the petitioners' use to carry on their business of refreshment stalls for selling sweets, namkin, tea, etc. at Surendranagar Railway Station at Platform No.1 has been discontinued. By amended prayer the petitioners have also prayed for direction directing the respondent authorities to maintain statusquo.
(3) Learned advocate for the petitioners has taken this Court through the factual matrix arising out of this petition as well as the impugned order. It is no doubt true that in response to the notice issued by this Court the respondent authorities have filed affidavitinreply, to which affidavitinrejoinder is filed by the Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Jan 30 01:47:07 IST 2016 C/SCA/16889/2014 ORDER petitioners and further affidavit by affidavit insurrejoinder is also filed by the respondent authorities and the fact stated therein are denied by the petitioners by way of filing further affidavit in form of affidavitinsur surrejoinder.
(4) Learned advocate for the petitioners, however, candidly submitted that case of the petitioners is covered by common order dated 22.07.2013 passed by Division Bench of this Court in the case of Niranjanswarup Ratanlal Jain Vs. Western Railway & Ors., in SCA No.11563/13 and cognate matter and a similar view has also been taken by this Court in SCA No.3834/15 vide order dated 28.09.2015.
(5) Division Bench of this Court in the aforesaid common order at Paragraph Nos.89 has observed thus:
"8. Hence, it is directed that if the petitioner gives an undertaking within one week from today to the following condition, he shall be allowed to continue until the new party is given contract pursuant to the tender which is referred to in the petition.
(1) The petitioner shall not create any right or equity on account of his continuation of running the stall until new party is given contract pursuant to the tender.
(2) He shall remove all his belonging and vacate the premises of the stall/refreshment centre/room within one week from the intimation so given by the Railway administration.
(3) After the undertaking, the Railway administration shall given one week notice to the petitioner in advance for vacating that the contract is given to the new party as per the tender.
9. It is observed that in the event the petitioner fails to vacate as per the undertaking given before this Court, Railway administration shall be at the liberty to get the premises vacated with the help of the police force and that too at the cost of the petitioner."
Page 2 of 4HC-NIC Page 2 of 4 Created On Sat Jan 30 01:47:07 IST 2016 C/SCA/16889/2014 ORDER (6) This Court has also taken a similar view and has given similar directions to the respondent railway authorities in the aforesaid SCA No.3834/15. Learned advocate for the petitioners therefore submitted that following the said judgment, the petitioners do not invite any further reasons, however, similar directions be issued to the authorities at least for re opening of two stalls, as per the current policy which is undertaken by the railway authorities.
(7) Learned advocate for the respondent authorities, on instructions, states that as far as the trolleys are concerned, the same cannot be permitted to run. It was contended that the stalls have to be now dealt with as per the policy.
(8) Considering the aforesaid two orders, without entering into the merits and reasons, for which this petition is not liable to be entertained as prayed for, following the directions of Division Bench in the case of Niranjanswarup Ratanlal Jain (supra) even while not entertaining this petition, it is provided that if the petitioners give an undertaking as provided in the aforesaid order passed in the case of Niranjanswarup Ratanlal Jain (supra) (at Paragraph No.8 as quoted hereinabove), the petitioners be allowed to run only "ONE" stall in question until new party is given contract pursuant to the tender Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Jan 30 01:47:07 IST 2016 C/SCA/16889/2014 ORDER process that may be undertaken by the respondent authorities, as provided by Division Bench of this Court in the aforesaid Paragraph Nos.89 of the said judgment. Respondent authorities shall permit the petitioners to run only ONE stall, for which originally licence was given in favour of the petitionerfirm, on the petitioners filing undertaking, as provided in the aforesaid Paragraph No.8 of the said judgment, within a period of one week. It is further clarified that in case of any breach of such undertaking by the petitioners, as provided in the aforesaid Paragraph No.8 of the said judgment, and the petitioners fail to vacate the stall/premise as per the undertaking given before this Court, it would be open for the respondent authorities to get the premise/stall vacated with help of the police force and that too at the cost of the petitioners.
(9) It is further provided that as and when the respondent railway authorities initiate tender process, it would be open for the petitioners to participate therein.
(10) Disposed of accordingly. NOTICE discharged. No costs.
Sd/ [R.M.CHHAYA, J ] *** Bhavesh[pps]* Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Jan 30 01:47:07 IST 2016