M/S. Austin Daniels Caterers And Suppliers Through Its Proprietor v. Union Of India Through The Ministry Of Railways And ORS.

3. civil wp 2733-18.doc R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2733 OF 2018 M/s. Austin Daniels Caterers and Suppliers, a proprietary firm through its proprietor Austin Daniel ..

Petitioner

Versus

Union of India & Ors.

..

Respondents ...................

 Mr. Ruturaj V. Bankar for the Petitioner  Mr. T.J. Pandian for the Respondents ...................

CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE : AUGUST 19, 2019.

P.C.:

1.

The petitioner was operating two railway stalls earmarked as S-4 and S-3. The association along with the petitioner has challenged the policy of the Railways, inter alia providing that one person can operate only one stall. In such Writ Petition, this Court had granted status quo. However, in case of the present petitioner, one stall had to be surrendered since the Railways were in the process of constructing foot-over bridge. The petitioner surrendered such stall No. S-3 and continues to operate the business from

3. civil wp 2733-18.doc stall No. S-4. However, this Court permitted the petitioner to make representation to the Railway Authorities for granting alternative stall in lieu of stall No. S-3. The petitioner has made such representations on 3.5.2018, 10.4.2018 and 31.1.2019, copies of which are tendered on record by the learned counsel for the petitioner. He submitted that these representations are so far not decided.

2.

In facts of the case, the respondent Nos. 4 and 5 are directed to take decision on the said representations noted above within three months from the receipt of the copy of this order.

3.

All contentions of the petitioner are kept open. 4.

Writ petition is accordingly disposed of.

[ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ]