Narendrapal Singh v. South East Central Railways
HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 974 of 2016 Ghanshyam Das, S/o Late Shri Dariyanamal, Aged About 73 Years R/o Torwa, Bilaspur, Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager D.R.M., D.R.M. Office, Bilaspur, Chhattisgarh
2. Senior Section Engineer (Works), East, S.E.C.R., Bilaspur, Chhattisgarh
3. Senior Divisional Engineer (Sett.), S.E.C.R., Bilaspur, Chhattisgarh
4. A.D.E.N. (Sett- Il) S.E.C.R., Bilaspur, Chhattisgarh WPC No. 898 of 2016 Chandra Prakash Chhabda, S/o Late Shri Mangal Sen, Aged About 57 Years R/o Punjabi Colony, Dayalband, Bilaspur, Chhattisgarh
1. South East Central Railways Through The Divisional Railway Manager (D.R.M.), D.R.M. Office, Bilaspur, Chhattisgarh
2. Senior Section Engineer (Works), East, S.E.C.R., Bilaspur, Chhattisgarh
3. Senior Divisional Engineer (Sett.), S.E.C.R., Bilaspur, Chhattisgarh
4. A.D.E.N. (Sett Il), S.E.C.R., Bilaspur, Chhattisgarh WPC No. 975 of 2016 Mahadeo Prasad Karun, S/o Shri Mukundlal Karun, Aged About 68 Years R/o Tikrapara, Bilaspur, Chhattisgarh
1. South East Central Railways Through The Divisional Railway Manager (D.R.M.), D.R.M. Office, Bilaspur, Chhattisgarh
2. Senior Section Engineer (Works), East, S.E.C.R., Bilaspur, Chhattisgarh
3. Senior Divisional Engineer (Sett.), S.E.C.R., Bilaspur, Chhattisgarh
4. A.D.E.N. (Sett- Il) S.E.C.R., Bilaspur, Chhattisgarh WPC No. 977 of 2016 Balkrishna Agrawal, S/o Late Shri Ganesh Prasad Agarwal, Aged About 69 Years R/o Jagmal Chowk, Bilaspur, Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.), D.R.M. Office, Bilaspur, Chhattisgarh
2. Senior Section Engineer (Works), East, S.E.C.R., Bilaspur, Chhattisgarh
3. Senior Divisional Engineer (Sett.), S.E.C.R., Bilaspur, Chhattisgarh
4. A.D.E.N. (Sett- Il) S.E.C.R., Bilaspur, Chhattisgarh WPC No. 978 of 2016 Shankar Lal Gupta, S/o Late Shri Punnilal, Aged About 61 Years, R/o Gond Para, Bilaspur Chhattisgarh Licensee Of Shop No. 32/2, Budhwari Bazar, Railway Market, District Bilaspur Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, D.R.M. D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, Works East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh
4. A. D. E. N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 979 of 2016 Narendrapal Singh, S/o Shri Mahendra Singh, Aged About 45 Years, R/o Dayalband, Bilaspur, Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager (D.R.M.), D.R.M. Office, Bilaspur, Chhattisgarh
2. Senior Section Engineer (Works), East, S.E.C.R., Bilaspur, Chhattisgarh
3. Senior Divisional Engineer (Sett.), S.E.C.R., Bilaspur, Chhattisgarh
4. A.D.E.N. (Sett- Il) S.E.C.R., Bilaspur, Chhattisgarh WPC No. 980 of 2016 Santosh Kumar Agarwal, S/o Late Shri Balkrishna Agarwal, Aged About 45 Years R/o Jagmal Block, Bilaspur Chhattisgarh.
1. South East Central Railways Through The Divisional Railway Manager (D.R.M.), D.R.M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer (Works), East, S.E.C.R., Bilaspur Chhattisgarh
3. Senior Divisional Engineer (Sett.), S.E.C.R., Bilaspur Chhattisgarh
4. A.D.E.N. (Sett- Il), S.E.C.R. Bilaspur Chhattisgarh WPC No. 981 of 2016 Hardeep Singh, S/o Shri Mahendra Singh, Aged About 57 Years R/o Dayalband Bilaspur C.G. Licensee Of Shop No. 126/7, Budhwari Bazar, Railway Market, District Bilaspur Chhattisgarh
1. South East Central Railways Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh
4. A. D. E. N. (Sett Il), South East Central Railways, District Bilaspur
WPC No. 982 of 2016 Hasmukh Rai Kothari, S/o Late Shri Kanti Lal, Aged About 65 Years R/o Jagmal Chowk, Bilaspur Chhattisgarh, Licensee Of Shop No. 255/3, Budhwari Bazar, Railway Market, District Bilaspur Chhattisgarh
1. South East Central Railways Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 983 of 2016 Manoj Kumar Soni, S/o Shri Kailash Chandra Soni, Aged About 50 Years R/o Jagmal Chowk Bilaspur Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 984 of 2016 Sanjay Kumar Saluja, S/o Shri Rajendra Kumar Saluja, Aged About 48 Years, R/o Punjabi Colony, Dayal Band Bilaspur Chhattisgarh, Licence Of Unit No. 7 Of Shed No. 11, Budhwari Bazar, Railway Market, District Bilaspur Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 985 of 2016 Jaspal Singh S/o Shri Arjun Das, Aged About 55 Years R/o Dayal Band, Bilaspur Chhattisgarh, Licensee Of Shop No. 34/1,1/2, Budhwari Bazar, Railway Market, District Bilaspur, Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 986 of 2016 Shyamlal Kalwani, S/o Late Shri Morandmal, Aged About 48 Years, R/o Adarsh Colony, Bilaspur Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1012 of 2016 Suresh Kumar Nawani S/o Shri Gopal Das, Aged About 48 Years R/o Torwa, Bilaspur Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1013 of 2016 Shankar Lal Gupta, S/o Late Shri Punni Lal Gupta, Aged About 65 Years, R/o Gondpara Bilaspur, Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1015 of 2016 Bhagwandas, S/o Shri Gyan Chand, Aged About 58 Years, R/o Normal School Road, Near Ganga Shree Talkies, Bilaspur, Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1016 of 2016 Mina Prabha Chowdhary, W/o Shri S.S. Chowdhary, Aged About 81 Years R/o Hemu Nagar, Torwa, Bilaspur Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1026 of 2016 Smt. Radha Gupta, W/o Shankar Lal Gupta, Aged About 60 Years, R/o Shed No. 29/6, Budhwari Bazar, Bilaspur Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1029 of 2016 Parmanand Jivnani, S/o Late Shri Khoobchand Jivnani, Aged About 48 Years, R/o Hemu Nagar, Near Sindhi Dharamshala, Bilaspur, Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1038 of 2016 Narendra Pal Singh, S/o Shri Madan Singh, Aged About 48 Years, R/o Dayalband Bilaspur Licensee Of Shop No. 126/8, Budhwari Bazar, Railway Market, District Bilaspur Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1047 of 2016 Lachhman Das Ramnani, S/o Late Shri Wadhoomal Ramnani, Aged About 51 Years, R/o Shed No. 37/2, Budhwari Bazar, Bilaspur Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1069 of 2016 Shriram Gandhi, S/o Late Shri Bhagat Ram Gandhi, Aged About 56 Years, R/o Dayal Bandh Main Road, Near Bank Of India, Bilaspur, Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1085 of 2016 S. K. Kadar, S/o Shri S.K. Ali Aged About 48 Years, Licensee Of Shopno. 9/2 1/2, Budhwari Bazar, Railway Market, District Bilaspur Chhattisgarh 1.
South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh 2.
Senior Section Engineer, (Works) East, South East Central Railways, District Bilaspur Chhattisgarh 3.
Senior Divisional Engineer (Sett.) South East Central Railways, District
Bilaspur Chhattisgarh , 4.
A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1087 of 2016 Sanjay Kumar Gupta, S/o Late Shri Mohanlal Gupta, Aged About 48 Years R/o Gondpara, Near Gurudwara, Bilaspur, Chhattisgarh
1. South Eastern Central Railways, Through The Divisional Railway Manager, D.R.M. Office Bilaspur, Chhattisgarh
2. Divisional Engineer, South Eastern Central Railway, Bilaspur, Chhattisgarh
3. The Senior Section Engineer (Works) East S.E.C.R. Bilaspur, Chhattisgarh, WPC No. 1112 of 2016 Smt Chandrakala Gupta, W/o Durga Prasad Gupta, Aged About 60 Years R/o Gondpara, Near Gurudwara, Bilaspur
1. South Eastern Central Railways, Through The Divisional Railway Manager, D.R.M. Office Bilaspur, Chhattisgarh
2. Divisional Engineer, South Eastern Central Railway, Bilaspur, Chhattisgarh
3. The Senior Section Engineer (Works) East S.E.C.R. Bilaspur, Chhattisgarh, WPC No. 1131 of 2016 Harish Kumar, S/o Late Shri Khillumal, Aged About 47 Years, Licensee Of Shop No. 46/10 And 46/11, Budhwari Bazar, Railway Market, District Bilaspur, Chhattisgarh
1. South East Central Railways, Through The Divisional Railway Manager, (D.R.M.) D. R. M. Office, Bilaspur Chhattisgarh
2. Senior Section Engineer, (Works) East, South East Central Railways,
District Bilaspur Chhattisgarh Bilaspur Chhattisgarh ,
4. A.D.E.N. (Sett Il), South East Central Railways, District Bilaspur WPC No. 1195 of 2016 Kartaar Khatwani, S/o Late Shri Seerumal Khatwani, Aged About 43 Years Licensee Of Shop No. 43/1, Budhwari Bazar, Railway Market, District Bilaspur, Chhattisgarh 1.
Union Of India, Through Secretary, Ministry Of Railways, Rail Bhawan, 1, Raisina Road, New Delhi, Pin Code 110001 2.
Railway Board, Through Chairman, Rail Bhawan, 1, Raisina Road, New Delhi. Pin Code 110001 3.
South East Central Railways, Through Divisional Railway Manager (D R M), D R M Office, District Bilaspur, Chhattisgarh 4.
Senior Section Engineer (Works) East, South East Central Railways, District Bilaspur, Chhattisgarh 5.
Senior Divisional Engineer (Sett.), South East Central Railways, District Bilaspur, Chhattisgarh 6.
A.D.E.N. (Sett.- Il), South East Central Railways, District Bilaspur, WPC No. 1196 of 2016 Prem Chand, S/o Dariyanamal, Aged About 61 Years, Licensee Of Shop No. 27/4 1/4 And 27/4 1/2, Budhwari Bazar, Railway Market, District Bilaspur
1. Union Of India, Through Secretary, Ministry Of Railways, Rail Bhawan, 1, Raisina Road, New Delhi, Pin Code 110001
2. Railway Board, Through Chairman, Rail Bhawan, 1, Raisina Road, New Delhi. Pin Code 110001
3. South East Central Railways, Through Divisional Railway Manager (D R M),
D R M Office, District Bilaspur, Chhattisgarh
4. Senior Section Engineer (Works) East, South East Central Railways, District Bilaspur, Chhattisgarh
5. Senior Divisional Engineer (Sett.), South East Central Railways, District Bilaspur, Chhattisgarh
6. A.D.E.N. (Sett.- Il), South East Central Railways, District Bilaspur, WPC No. 1247 of 2016 Nihal Chand Makhija, S/o Late Shri Tarahand, Aged About 84 Years Licensee Of Shop No. 46/15, Budhwari Bazar, Railway, Market, District Bilaspur Chhattisgarh
1. Union Of India, Through Secretary, Ministry Of Railways, Rail Bhawan, 1, Raisina Road, New Delhi, Pin Code 110001
2. Railway Board, Through Chairman, Rail Bhawan, 1, Raisina Road, New Delhi. Pin Code 110001
3. South East Central Railways, Through Divisional Railway Manager (D R M), D R M Office, District Bilaspur, Chhattisgarh
4. Senior Section Engineer (Works) East, South East Central Railways, District Bilaspur, Chhattisgarh
5. Senior Divisional Engineer (Sett.), South East Central Railways, District Bilaspur, Chhattisgarh
6. A.D.E.N. (Sett.- Il), South East Central Railways, District Bilaspur, WPC No. 1248 of 2016 Chandra Pal, S/o Late Shri Govind Ram, Aged About 61 Years, Licensee Of Shop No. 40/2, Budhwari Bazar, Railway Market, District Bilaspur,
1. Union Of India, Through Secretary, Ministry Of Railways, Rail Bhawan, 1, Raisina Road, New Delhi, Pin Code 110001
2. Railway Board, Through Chairman, Rail Bhawan, 1, Raisina Road, New
Delhi. Pin Code 110001
3. South East Central Railways, Through Divisional Railway Manager (D R M), D R M Office, District Bilaspur, Chhattisgarh
4. Senior Section Engineer (Works) East, South East Central Railways, District Bilaspur, Chhattisgarh
5. Senior Divisional Engineer (Sett.), South East Central Railways, District Bilaspur, Chhattisgarh
6. A.D.E.N. (Sett.- Il), South East Central Railways, District Bilaspur, WPC No. 1340 of 2016 Prakash Chand Kalwani, S/o Shri Prem Chand Kalwani, Aged About 58 Years, R/o Adarsh Colony, Bilaspur Chhattisgarh Licensee Of Shop No. 11/4, Budhwari Bazar, Railway Market, District Bilaspur Chhattisgarh
1. Union Of India, Through Secretary, Ministry Of Railways, Rail Bhawan, 1, Raisina Road, New Delhi, Pin Code 110001
2. Railway Board, Through Chairman, Rail Bhawan, 1, Raisina Road, New Delhi. Pin Code 110001
3. South East Central Railways, Through Divisional Railway Manager (D R M), D R M Office, District Bilaspur, Chhattisgarh
4. Senior Section Engineer (Works) East, South East Central Railways, District Bilaspur, Chhattisgarh
5. Senior Divisional Engineer (Sett.), South East Central Railways, District Bilaspur, Chhattisgarh
6. A.D.E.N. (Sett.- Il), South East Central Railways, District Bilaspur, WPC No. 2378 of 2016 Rajesh Kumar, S/o Late Shri Jagatram, Aged About 46 Years, Licensee Of Shop No. 28/ 5 1/2, Budhwari Bazar, Railway Market, District Bilaspur
1. Union Of India, Through Secretary, Ministry Of Railways, Rail Bhawan, 1, Raisina Road, New Delhi, Pin Code 110001
2. Railway Board, Through Chairman, Rail Bhawan, 1, Raisina Road, New Delhi. Pin Code 110001
3. South East Central Railways, Through Divisional Railway Manager (D R M), D R M Office, District Bilaspur, Chhattisgarh
4. Senior Section Engineer (Works) East, South East Central Railways, District Bilaspur, Chhattisgarh
5. Senior Divisional Engineer (Sett.), South East Central Railways, District Bilaspur, Chhattisgarh
6. A.D.E.N. (Sett.- Il), South East Central Railways, District Bilaspur, WPC No. 2383 of 2016 Rajesh Kumar, S/o Late Shri Jagatram, Aged About 46 Years, Licensee Of Shop No 28/6-1/2 Budhwari Bazar, Railway Market, Distirct Bilspur
1. Union Of India, Through Secretary, Ministry Of Railways, Rail Bhawan, 1, Raisina Road, New Delhi, Pin Code 110001
2. Railway Board, Through Chairman, Rail Bhawan, 1, Raisina Road, New Delhi. Pin Code 110001
3. South East Central Railways, Through Divisional Railway Manager (D R M), D R M Office, District Bilaspur, Chhattisgarh
4. Senior Section Engineer (Works) East, South East Central Railways, District Bilaspur, Chhattisgarh
5. Senior Divisional Engineer (Sett.), South East Central Railways, District Bilaspur, Chhattisgarh
6. A.D.E.N. (Sett.- Il), South East Central Railways, District Bilaspur, For Petitioners :
Shri Amrito Das, Advocate & Shri Anand Dadariya on behalf of Shri Praveen Das, Advocate For Union Of India :
Shri Vaibhav P. Shukla, Advocate For Railways :
Mr. Abhishek Sinha, Advocate
Hon'ble Shri Justice Goutam Bhaduri Order On Board 25.09.2019 Heard.
1.
Admittedly the period of grant of license has lapsed as on today. It is stated that after period of license has lapsed for last 25 years or more there is no renewal is made of license.
2.
Considering the time period which has lapsed different people/ legal heirs may be in occupation of respective premises other than the licensee. The status of those persons are to be decided as per the existing circulars of railways. Therefore, it is observed in facts of case that if fresh representations/ applications are filed by the person for renewal of license they would be decided according to the existing applicable circulars. Therefore, the petitioners are at liberty to make a representation within a period of four weeks from today. Thereafter, the Railways shall decide the same in accordance with law. Consequently the earlier notices for eviction would not be given effect to as it has lived its life with passage of time of notice.
3.
With the aforesaid observation, the petitions stand disposed of. Sd/- Goutam Bhaduri Judge Jyoti