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High Court for State of TelanganaWP/475/2017disposed of no costs

N.Seshaiah, v. South Central Railway,

2017-01-04Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.475 of 2017 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to direct the 2nd respondent to renew the licence of the petitioner in respect of Fruit Juice Stall on Platform Nos.2 and 3 of Secunderabad Railway Station for a period of three years with effect from 01.11.2014, in accordance with the terms and conditions of the lease deed, by declaring the inaction of the respondent in passing orders on the renewal application of the petitioner, as illegal and arbitrary.

Heard and perused the material available on record. The case of the petitioner is that he has been awarded licence by the respondents for running a Fruit Juice Stall on Platform Nos.2 and 3 of Secunderabad Railway Station, initially for a period of five years with effect from 01.11.2009 and thereafter, for a further period of three years. After expiry of the initial period, the petitioner submitted an application before the 2nd respondent for extension of licence for the further period of three years and the same is pending before the 2nd respondent. Meanwhile, the petitioner was issued temporary licence for one year from 01.11.2014 to 31.10.2015. The grievance of the petitioner is that the 2nd respondent is not passing any orders on the application of the petitioner for extension of his licence for a further period of three years.

Considering the circumstances of the case, without expressing any opinion on merits, this Court is inclined to pass the following order: The 2nd respondent is directed to consider the application submitted by the petitioner for extension of his licence with effect from 01.11.2014, and pass appropriate orders in accordance with law, on or before 25.01.2017. Till

then, the respondents are directed not to disturb the petitioner in running his Fruit Juice Stall on Platform Nos.2 and 3 of Secunderabad Railway Station. Accordingly, the writ petition is disposed of. No order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed. ______________ RAJA ELANGO, J January 04, 2017.

KTL