Shahid Beg v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3694 of 2020 ====================================================== Shahid Beg Son of Late Salauddin Khan Sarkar, Resident of MohallahGandhi Neem, P.O. and P.S.-Sasaram, District-Rohtas (Bihar). ... ... Petitioner/s

Versus

1.

The Union of India through the General Manager, East Central Railway, Hajipur, P.O.-Digghi Kala, P.S.-Hajipur, District-Vaishali at Hajipur (Bihar). 2.

The Senior Divisional Commercial Manager, East Central Railway, Mugalsarai, P. O. and P.S.-Mugalsarai, District-Chandauli (U.P.), Pin Code232101. 3.

The Chief Commercial Manager, East Central Railway, Hajipur, P.O.-Digghi Kala, P.S.-Hajipur, District-Vaishali at Hajipur (Bihar). 4.

The Indian Railway Catering and Tourims Corporation Limited, Having Registered Office At B-148, 11th Floor, Stateman House, Barakhamba Road, New Delhi-110001, through its Chairman Cum Managing Director, Having its Corporate Office, 9th Floor, Bank of Baroda Bhawan, 16 Sansad Marg, New Delhi-110001.

5.

The Group Ceneral Manager, Indian Railway Catering and Tourism CorporationLimited, Corporate Office, 9th Floor, Bank of Baroda Bhawan, 16 Sansad Marg, New Delhi-110001.

6.

The Group General Manager, Indian Railway Catering and Tourism Corporatuion Limited, Eastern Zone,3, Koylaghar Street, Ground Floor, Kolkata-700001.

7.

The Area Officer, Indian Railway Catering and Tourism Corporation Limited, Mugalsarai, P.O. and P.S.-Mugalsarai, District-Chandauli (U.P.), Pin Code-232101.

8.

The Regional Manager, Indian Railway Catering and Tourism Corporation Limitedd, 4th Floor, Biscouman Tower, West Gandhi Maisan, P.O.-G.P.O., P.S.Gaidhai Maidan, District-patna (Bihar), Pin Code-800001. 9.

The Station Manager, East Central, Railway, Sasaram Junction, DistrictRohtas (Bihar). 10.

The Catring and Tourism Inspctor, East Central Railway, Sasaram Junction, District-Rohtas (Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Prasad Singh, Advocate For the IRCTC :

Mr.Ramesh Kumar Agarwal, Advocate For the Railway :

Mr.Kumar Priya Ranjan, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA

Patna High Court CWJC No.3694 of 2020(6) dt.15-02-2023 2/3 ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 15-02-2023 The petitioner Shaid Beg is son of deceased Salauddin Khan Sarkar. Deceased was provided license for running restaurant by the Railway Authorities. Deceased died in the month of November, 2017. The petitioner had filed CWJC No. 10649 of 2018 and it was withdrawn on 21.12.2019. In this background whether petitioner is entitled to have the license which stood in the name of deceased Salauddin Khan Sarkar or not?

Learned counsel for the petitioner could not apprise this Court with reference to any policy decision of the Railway Authorities that in the event of death of a licensee, in such circumstances license could be transferred in the name of kith and kin of the deceased license holder. On the other hand, he is relying on the Apex Court decision in Civil Appeal No. 618-620 of 2016 dated 29.01.2016. The cited decision do not assist the petitioner for the reasons that in the cited decision matter relates to renewal of existing license after its lapse, whether they have right or not? Moreover, he has not sought for liberty to file fresh petition when earlier CWJC No. 10649 of 2018 was decided on 29.01.2016.

In the light of these facts and circumstances the

Patna High Court CWJC No.3694 of 2020(6) dt.15-02-2023 3/3 petitioner has not made out a case. Accordingly, the present petition stands dismissed.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) abhishekkr/- U