Deepak Kumar Verma v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18274 of 2014 ====================================================== Deepak Kumar Verma, son of Late Jagdish Prasad, resident of village - Sanhouli Durga Asthan, Ward No. 13, P.O. + P.S. Khagaria, District - Khagaria .... .... Petitioner/s

Versus

1. The Union of India through the Ministry of Railway Rail Bhawan, New Delhi

2. The Group General Manager, Indian Railway Vending and catering, Eastern Zonal Office, 3 - Koilaghat Street Ground Floor, Kolkata West Bengal

3. The Assistant Manager (Catering) IRCTC, 4th Floor, BISCOUMAN Bhawan, West Gandhi Maidan, Patna

4. The General Manager Zonal Railway Eastern Central Railway Hazipur

5. The Chief Commercial Manager Eastern Central Railway Hazipur

6. The Divisional Rail Manager (C) Samastipur

7. The Station Superintendent, Motihari Railway Station Motihari

8. The Station Manager, Motihari Railway Station, Motihari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Pratap Singh, Advocate.

For the Respondent/s :

Mr. Mahesh Prasad, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 07-01-2015 Heard learned counsel for the parties as with regard to the following relief prayed in this writ application: "1.(i) For issuance of writ in the nature of mandamus commanding the respondent authorities to transfer and renew the catering and Vending license at Railway station Motihari in petitioner's favour held by late Jagdish Prasad, father of the petitioner in inasmuch as the petitioner fulfill all the pre-requisites for transfer and renewal of the license in his favour upon death of his father as has been laid down in Clause 9 of the catering policy 2005 and clause 17 and 21 of the catering policy 2010 issued by the Ministry of Railway.

(ii) For issuance of writ in the nature of Mandamus directing the respondent authorities not to disturb in running business of the petitioner at Motihari Railway Station." Learned counsel for the petitioner, at the outset, has submitted that the petitioner, for the time being in the light of

Patna High Court CWJC No.18274 of 2014 (5) dt.07-01-2015 2/2 assurance recorded in the counter affidavit, will not be required to press this writ application. To that extent, he has referred to portion of paragraph 11 of the counter affidavit , which reads as follows:

"11. .......... On enquiry by the Senior Commercial Manager, Catering vide letter dated 11/16.09.2014, the Chief Commercial Manager, Catering vide letter dated 16.20.2014 was informed that the original license agreement of Late Jagdish Prasad does not include the names of any spouse or legal heir. It is humbly submitted that the matter has been referred to the HQ and the respondent authorities are actively trying to resolve this impasse......" That being so, this writ application is disposed of as not pressed.

(Mihir Kumar Jha, J) Sujit/- U