K. Padmaja W/O Of Jaya Reddy v. Union Of India Thru The Ministry Of Railways And ORS

502-3827-2023.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3827 OF 2023 K Padmaja w/o Jaya Reddy

...Petitioner

Versus

Union of India through the Ministry of Railways & Ors

...Respondents

Mr Saket Mone, i/b Ruturaj V Bankar, for the Petitioner. Ms Vaishali Choudhary, with RP Ojha, Rakesh Dube & Ankit Ojha, for the Respondents.

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

24th March 2023 PC:- 1.

There is no question of directing the Respondents to consider the Petitioner's representation since there is already a notice to vacate the site. The Petitioner had a license from 2017 to operate ARUN RAMCHNDRA SANKPAL certain public sanitary facilities at the Pune Railway Station. In the normal course, that contract of 20th September 2017 would have by ARUN RAMCHNDRA SANKPAL Date: 2023.03.27 10:09:23 +0530 ended in 2022.

2.

Now the Railways have given the Petitioner notice to vacate the site at Pune Railway Station by 25th March 2023. 24th March 2023

502-3827-2023.DOC 3.

We fail to see how the Petitioner has a legal or enforceable right to an extension of time.

4.

Mr Mone submits that until there is a fresh tender floated and a new contractor appointed, the Petitioner should be allowed to continue in the public interest. This is not a submission that appeals to us in the slightest. It is within the powers of the Railways to make transitional provisions for operating this facility while the tender is being processed if in fact a tender is at all required and about which we say nothing.

5.

In our view, the Petition calls for no interference. It is rejected.

(Neela Gokhale, J) (G. S. Patel, J) 24th March 2023