New Chem Weir India Ltd. v. The Director (Catering Services) Irctc,

HON'BLE SRI JUSTICE M.S.K.JAISWAL W.P.No.13276 OF 2011

ORDER

This writ petition is filed for the following relief: ".....to issue writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in passing the termination order dt. 7.1.2011 without considering the requests of the petitioner dt.13.12.2010 and 6.1.2011, clarifying the mistake that occurred, and not responding to the recommendations of 4th respondent vide its letter dt.18.2.2011 as arbitrary, illegal, void and contrary to the rights of the petitioners under Articles 14,19,and 21 of the Constitution of India and set aside the proceedings No.2007/IRCTC/WVM/WZ/Corres dt.

7.1.2011;

and No.2007/IRCTC/WVM/WZ/Corres dt.6.12.2010 and direct the respondent Nos.1 to 4 to allow the petitioner to run the MVMs through franchisees, namely, M/s.Srivari Vending Services (a SSI unit) and M/s.Force One Projects (P) Ltd., to continue the supply and sale of water through water vending machines at plot farm Nos.2/3 of cluster No.4 of Vijayawada Jn; plot farm Nos.4/5 of cluster No.4 of Vijayawada Jn; plot farm Nos.6 and 7 of cluster No.4 of Vijayawada Jn; plot farm Nos.2/3 of cluster No.5 of Nellore; plot farm Nos.1 of cluster No.5 of Gudur Jn; plot farm Nos.2/3 of cluster No.5 of Gudur Jn; plot farm Nos.2/3 of cluster No.6 of Secunderabad Railway Station; plot farm No.1 of cluster No.12 of Guntur Jn; and at plot farm No.1 of cluster No.

12 of guntur Jn, in the interest of justice and pass such other or further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case." When the matter came up for hearing, learned counsel appearing for the petitioner submits that due to efflux of time, the cause in this writ petition does not survive for adjudication. In view of the same, the writ petition is dismissed as infructuous. It is needless to say that the petitioner is at liberty to avail the remedies as available to it as and when fresh cause of action arises. No costs.

Miscellaneous petitions, if any, pending shall stand closed. ________________________ JUSTICE M.S.K.JAISWAL 28th August, 2017 rkk