Matter Of M/S Shiv And Sales v. The Union Of India Ministry Of Railway (Railway Board)
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18325 of 2024 ====================================================== matter of M/s Shiv and Sales, a proprietorship firm through its proprietor Shivnandan Kumar male aged about 27 years son of Sri Ramashish Yadav, resident of Rohan Bigha, Belaganj, P.O. Silounja, District- Gaya- 804403 having its registered office At- Bengali Tola, Near Munna Lodge, Main Road Karbigahiya, P.S. - Jakkanpur, District and in the town of Patna. ... ... Petitioner/s
Versus
1.
The Union of India Ministry of Railway (Railway Board) through its Chairman, Rail Bhawan, 1 Raisina Road, New Delhi- 110001. 2.
The General Manager, East Central Railway, Hajipur, PO Digg Kala, P S Hajipur, District - Vaishali.
3.
The Divisional Commercial Manager, East Central Railway, DDU Mughalsarai.
4.
The Divisional Railway Manager (C), Dhanbad, Jharkhand. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Prasad Singh, Advocate For the Respondent/s :
Dr. K.N Singh, ASG Mr. Alok Kumar, CGC Mr. Shashank Shekhar Kunwar, Advocate Ms. Rashmi Ranjan, JC to ASG Mr. Amarendra Nath Verma, Sr. Panel Counsel Mr. Girija Shanker Prasad, CGC ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-12-2024
Patna High Court CWJC No.18325 of 2024 dt.05-12-2024 2/3
1. The petitioner is aggrieved with the debarment and forfeiture of security deposit as issued at Annexure-P/1. The letter of debarment itself indicates that the petitioner was granted a contract for starting a catering unit at Parsabad Station (stall no-05, PF No-3/4) and Bokaro Thermal (Stall No02, PF No-01) through e-auction. An agreement was executed on 12.04.2023. The petitioner did not deposit the 2nd quarterly installment license fee for the period from 06.08.2023 to 06.11.2023 till 29.07.2023; which included the grace period provided. The respondent waited till 17.05.2024, on which date the show-cause notice was issued. It is also seen from the order that the petitioner had not commenced the catering services from the stall allotted to the petitioner.
2. The learned Counsel pointed to Annexure-P/4, representation made before the authority which was made on 08.08.2023, which indicated that the petitioner's mother had expired, the death certificate of which is produced along with the representation, which is dated 21.08.2023. After 08.08.2023, the Railways waited till 17.05.2024 and there was no deposit made even till that time. The petitioner also makes a bland statement that he was depressed after the death of his mother.
Patna High Court CWJC No.18325 of 2024 dt.05-12-2024 3/3
3. We find absolutely no reason to entertain the writ petition and dismiss the same.
(K. Vinod Chandran, CJ) (Partha Sarthy, J) Shiv/- AFR/NAFR CAV DATE Uploading Date 06.12.2024 Transmission Date