Railway Gumit Shopkeepers Union Atation Road Muzaffarpur v. The Railway Board Through Its Chairman Rail Bhawan Near Sansad Bhawan

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14822 of 2021 ====================================================== Railway Gumit Shopkeepers Union Atation Road Muzaffarpur through its Assistant Secretary Namely Santosh Kumar aged about 65 Years, (Male), Son of Ram Saran Patwa, Resident of Village-Fatepur, P.S.-Kanti, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The Railway Board through its Chairman Rail Bhawan Near Sansad Bhawan New Delhi.

2.

The General Manager Central Railway Hazipur, (Bihar). 3.

The Zonal Railway Managar, Sonepur, District-Vaishali at Hajipur. 4.

The Assistant Zonal Engineer (South) Muzaffarpur. 5.

The State of Bihar through the Principal Secretary Department of Urban Development Government of Bihar, Patna.

6.

The Collector, Muzaffarpur.

7.

The Municipal Commissioner, Muzaffarpur.

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

For the Petitioner/s :

Mr. Shivendra Prasad with Mr Om Prakash, Advocates For the State :

Mr. Indeshwari Prasad, AC to GP 3 For UOI :

Dr. K. N. Singh, ASG with Mr. Ravindra Kr. Sharma, CGC and Mr. Abhijeet Gautam, Mr. Sriram Krishna, Advocates Mr. Devansh Shankar Singh, JC to ASG Ms. Prakritita Sharma, JC to ASG Mr. Amarjeet, JC to ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 20-04-2022 The petitioner has filed the present petition to restrain the respondent authorities from removing/vacating the shops situated on the Railway land at station road, Muzaffarpur as notices were received in pursuance of the letter of the Municipal

Patna High Court CWJC No.14822 of 2021(3) dt.20-04-2022 2/2 Commissioner, Muzaffarpur in this regard.

During the pendency of this petition, the shops in question have already been removed. The only plea of the petitioner that survives is for rehabilitation. The petitioner presses for the same. He relies upon the judgment of this Court in Chandra Kishore Parasar Vs. State of Bihar reported as 2015(1)PLJR 969 On a query being put to Mr. K. N. Singh, learned Additional Solicitor General, he submits that in case any such representation is received, the same shall be considered as per law. The petitioner shall also be at liberty to file similar representation before the Municipal Commissioner, Muzaffarpur, who may consider the same also, as per law. The writ petition stands disposed of on the aforesaid terms.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- U