Ashok Kumar Poddar @ Ashok Poddar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1238 of 2024 ====================================================== Ashok Kumar Poddar @ Ashok Poddar, Son of Late Raghunandan Poddar @ Late Raghuni Poddar, Resident of Village and Post Banmankhi, Ward No. 8 District- Purnia(Bihar).

... ... Petitioner/s

Versus

1.

The Union of India through Secretary Ministry of Railway Department, New Delhi.

2.

The General Managers, All India Railways and Production Units, New Delhi.

3.

The Divisional Railway Manager East Middle Rail Samastipur. 4.

The Senior Divisional Engineer Co-ordinator East Middle Rail Samastipur. 5.

The Assistant Divisional Engineer East Railway Saharsa. 6.

The Senior Section Engineer/Work, Banmankhi Eastern Railway, Banmankhi.

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Adv.

For the Respondent/s :

Mr.Additional Solicitor General Mr. Ram Tujabh Singh, CGC Mr. Radhika Raman, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 21-03-2025 The issue involved in the present writ petition is similar to the one CWJC No. 6959 of 2020 which has been disposed of vide Judgment dated 23.11.2021 passed by the Hon'ble Division Bench of this Court in the following terms, which read as under:- "(a) The petitioners shall approach the respondents, invoking the arbitration clause and the respondents shall act in terms of the law down by Hon'ble the Apex Court in Central Organisation for Railway

Patna High Court CWJC No.1238 of 2024(9) dt.21-03-2025 2/2 Electrification (Supra).

(b) Till such time the arbitrator is appointed, no coercive action shall be taken against the petitioners, either for their eviction or realization of any amount towards arrears of license fee.

(c) With the appointment of the arbitrator, it shall be open for the parties to seek extension of the order during the period of the arbitration proceedings.

(d) The petitioners shall continue to pay the amount in term of the original agreement (pre existing rate of the license fee)."

2. The present writ petition is also disposed of in the above terms and conditions of the Judgment dated 23.11.2021 passed in CWJC No. 6959 of 2020 by the Hon'ble Division Bench of this Court.

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