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Patna High CourtCWJC/5036/2021disposed

Ram Eqbal Rai v. The Union Of India

2022-02-04Mr. Justice Madhuresh Prasad,Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5036 of 2021 ====================================================== Ram Eqbal Rai S/o Late Sri Bhimri Rai Resident of Sirdilpur, P.S.- Patori, District- Samastipur.

... ... Petitioner/s

Versus

1.

The Union of India through Principal Secretary, Ministry of Railway, Delhi. 2.

The Divisional Rail Manager (Commercial), Sonepur, Bihar. 3.

Junior Divisional Engineer (Line), Sonepur, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand, Advocate For the Respondent/s :

Mr.Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 04-02-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner has put to challenge an order dated 11.02.2020, passed by the Divisional Rail Manager (Commercial), Eastern Central Railway, Sonepur, whereby the licence granted to the petitioner for running a 'Tempoo Stand' at Shahpur Patori Station Premises, Sonpur Division has been cancelled. A copy of the licence has been brought on record by way of annexure.

Patna High Court CWJC No.5036 of 2021(4) dt.04-02-2022 2/2 Clause 26 of the said licence clearly stipulates that all the disputes, questions or differences arising out of or in any way touching or concerning this agreement shall be referred to the sole arbitrator.

There being a provision for arbitration under the licence itself, we are not inclined to entertain this writ application and go into such disputes as are being raised before us, which can be raised before the arbitrator. This application stands disposed of with a liberty to the petitioner to invoke the arbitration clause of the licence. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U