Kantilal Hemraj Hiran v. The Union Of India And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6770 OF 2003

1. M/s Kantilal Hemraj Hiren } deceased through his heirs 1A) Lilabai Kantilal Hiren } aged 55 years 1B) Prashant Kantilal Hiren aged 35 years } 1C) Gautam Kantilal Hiren aged 33 years } All residing at Mahavir Path Naikwada (Muktangan) Post Manmad Taluka Nandgaon District Nasik } .. Petitioners (Amendment carried out as per Court order dated 23.12.2005 in Civil Application No.2992/2005 in WP No.6770/2003) versus

1. The Union of India } (Notice to be served upon the General Manager, Central Railway Chhatrapati Shivaji Terminus, } Mumbai­400 001.)

2. The Station Master & Chief } Goods Shed Superintendent Bhusawal Division at Bhusawal

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3. Divisional Revisional Manager } Solapur Central Railway Taluka District Solapur }.. Respondents ...

None for the Petitioner Mr.Suresh Kumar for Respondent nos.1 to 3.

Coram : SMT.VASANTI A.NAIK AND RIYAZ I.CHAGLA, JJ Date : 2nd NOVEMBER 2017 ORAL JUDGMENT By this writ petition, the petitioner seeks a direction against the respondents not to insist upon one point loading of one rake in two parts and/or one rake as per Notification Order No.61 of 2000 annexed at Exhibit A.

The petition was filed in the year 2003. The policy in respect of open loading of the rakes must have been modified during the pendency of the writ petition. It is most likely that the petitioner must have lost interest in the litigation and that could be the reason for the absence on the part of the petitioner today. In the circumstances of the case, we dismiss the writ petition with no order as to costs. Rule stands discharged. (RIYAZ I. CHAGLA J) (SMT.VASANTI A.NAIK, J)

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