M/S Maa Tara Canteen Rep. By Its Proprietor Ashoke Singh v. Union Of India And ORS.

31.03.2022.

Court No. 13 Item No. 57 ap W.P.A. No. 4238 of 2022 (Through Video Conference) M/s. Maa Tara Canteen

Versus

Union of India & Ors.

Mr. Golam Mostafa, Mr. Tara Sankar Samanta, Mr. Samirul Sardar.

...For the petitioner.

Mr. Sovan Mukherjee.

...For the respondents.

Affidavit-of-service filed in Court today be taken on record.

The writ petitioner is aggrieved by a notice dated 1st March, 2022 issued by the Divisional Commercial Manager, Kharagpur, South Eastern Railway terminating a contract agreement dated 19th November, 2020 in respect of a two wheeler parking contract at Fuleswar Railway Station premises. It appears from the record that the petitioner had defaulted in payment of lease rent and several notices were sent to the petitioner from June, 2021 but in vain.

In view of the Pandemic, the petitioner was also given a huge reduction in lease rent, which has not been availed. Finding no other alternative, the contract was terminated.

Counsel for the Railways has produced a minutes of meeting dated 9th March, 2022, duly signed by the petitioner's representative, surrendering the

premises to the Railways. The Railways are already in possession of the said premises.

In that view of the matter, no relief can be granted to the writ petitioner in this writ petition. Hence, the instant writ petition must fail and is hereby dismissed.

The other grievance of the parties for recovery of the arrears of the lease rent, and the right of the Railways to forfeit the security deposit may be agitated in appropriate civil forum.

The minutes of the meeting and other notices of demand issued by the Railways are kept with the record.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)