M/S Dwarika Prasad And Sons, Misc. Contractor, Patna Through Its Partner Lakshmi Devi v. The Indian Railways Through Its Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7146 of 2024 ====================================================== M/s Dwarika Prasad and Sons, Misc. Contractor, Patna through its Partner Lakshmi Devi W/o Late Deomani Prasad, R/o Tehta Math, P.S. - Makhdumpur, District- Jehanabad.

... ... Petitioner/s

Versus

1.

The Indian Railways through its Secretary, Ministry of Rail, Rail Bhawan, New Delhi.

2.

The Indian Railway Catering and Tourism Corporation Limited (I.RC.T.C), Eastern Zonal Office, 3 - Koyalaghat Street, Ground Floor, Kolkatta-1 3.

The Regional Manager, Indian Railway Catering and Tourism corporation Limited (I.R.C.T.C.), Eastern Zonal Office, 4th Floor, BISCOMAUN Bhawan, West Gandhi Maidan, Patna.

4.

The Chief Commercial Manager/Catering, E.C. Railway Hajipur. 5.

The Sr. Divisional Commerical Manager, Danapur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Raj Kamal, Adv.

For the Resp. No. 3 :

Mr. Shiv Mohan, Adv.

For the UOI :

Mr. Kumar Ravish, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 30-07-2024 The counsels appearing on behalf of the petitioner as well as the respondents have fairly conceded that the issue in the present writ petition is covered by the judgment of the Hon'ble High Court of New Delhi passed in W.P. (C) 2501 of 2023. The Hon'ble High Court of Delhi while taking into consideration the various judgments of the Hon'ble Supreme Court and other High Courts has dismissed the writ petitions pending before it granting three months time to vacate the subject premises.

Patna High Court CWJC No.7146 of 2024(3) dt.30-07-2024 2/3

2. The learned counsel for the petitioner has stated that while dismissing the above writ petition, the Hon'ble Court was pleased to grant time for making alternative arrangements/vacating the premises. Learned counsel has relied on paragraph- 36 of the said judgment and prayed for similar relief.

3. The learned counsel appearing on behalf of the respondent railways has opposed the same and stated that the petitioners have been given sufficient time for vacating the premises and that there is no need to granting further time for vacating the premises in question. As seen from the judgment, the Hon'ble High Court of Delhi while duly taking into consideration the various judgments of the Hon'ble Supreme Court and other High Courts has dismissed the writ petitions filed by similarly situated persons has, however, held as under: "In the circumstances, this Court finds no merit in the present petitions and the same are accordingly dismissed.

Patna High Court CWJC No.7146 of 2024(3) dt.30-07-2024 3/3 questions. It is directed accordingly."

4.Having regard to the above, this Court is of the opinion that the ends of justice would be met if the present writ petition are also disposed of granting three months time to the petitioners to make alternate arrangements/vacating the subject premises from today. The petitioner shall continue to pay the monthly charges to the respondents without fail by 10th of every month. The petitioner shall handover the peaceful possession of the subject property at the end of three months starting from today. In case the petitioners do not vacate the premises, they are not only liable to be evicted by the authorities but will also be liable for contempt of court proceedings.

5. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U