Sabi Fatima @ Sabi Fatma v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24805 of 2019 ====================================================== Sabi Fatima @ Sabi Fatma Wife of Anwar Hussain Siddique@Md. Anwar, Daughter of Md. Firoz Ahmad Resident of New Paharpur, P.S.- Gardanibagh, District- Patna.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Indian Railways, Government of India, New Delhi.

2.

The General Manager, East Central Railway, Danapur, Bihar. 3.

The Senior Divisional Commercial Manager, East Central Railway, Danapur.

4.

The Commissioner, Patna Nagar Nigam, Patna, Bihar. 5.

The Additional Commissioner, Patna Nagar Nigam, Patna, Bihar. 6.

The Executive Officer, New City Circle, Patna Nagar Nigam, Patna, Bihar. 7.

The Chief Booking Supervisor, East Central Railway, Patna Junction, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul, Advocate Mr. Archit Rajpal, Advocate For the Respondent/s :

Mr. Ramadhar Shekhar (Addl. S.C. Railway) For the PMC :

Mr. Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 12-12-2019 Heard Mr. Archit Rajpal, learned advocate for the petitioner and Mr. Ramadhar Shekhar, learned advocate for the respondent/Railways.

The petitioner was provided with a kiosk in the Railway Station premises for running Jan Sadharan Ticket Booking Sewa under an agreement. The agreement continued till about 5th of December, 2009. In the

Patna High Court CWJC No.24805 of 2019 dt.12-12-2019 2/3 meantime, about six months ago, in an anti-encroachment drive, the milk market situated contiguous to Patna Railway Station premises was demolished. In the process of such demolition for removing the encroachments, the kiosk provided to the petitioner by the respondent/Rrailways also got damaged.

Despite the petitioner representing before the Civil as well as the Railway authorities for permission and support to reconstruct the demolished kiosk, nothing happened. During this period, the supply of the UTS roll for the purposes of printing tickets also was disconnected. The petitioner therefore has approached this Court now for directing the railways not to disturb the position of the petitioner as a Jan Sadharan Ticket Booking Service Sewa. This petition was filed before the expiry of the period of the contract with the Railways to run such services.

As on date, there is no further extension of the aforesaid arrangement by the Railways.

Patna High Court CWJC No.24805 of 2019 dt.12-12-2019 3/3 In that view of the matter, no mandamus can be issued to the respondent/Railways.

It would be open for the petitioner to approach the Railway authorities and seek redressal of his grievance. In case the petitioner finds that anyone of his rights are being violated or breached, it would be open for the petitioner to approach this Court again.

With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.12.2019 Transmission Date