Saroj Rajendra Kumar Mangla v. Union of India
Court: High Court for State of Telangana
Bench: MOUSHUMI BHATTACHARYA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-04. Saroj Rajendra Kumar Mangla v. Union of India. Read the judgment and case details on LawSphereX.
Judgment text
3405 ] [ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF DECEMBER TWO IHOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA wRlT PETITION NO: 29381 OF 2023 Between: Saroj Rajendra Kumar Mangla, W/o. Rajerrdra Kumar Mangla, Aged. aboul5O years, 6cc. Business - Saroj Fast Food - Contractor, Rl/o. _Catering - H. No. s/1 Bo+, Sapphire Heights, Lokhandwala Township, Kandivali Street, Mumbai' Maharashtra - 400101 ... pETrroNER AND '1 . Union of lndia, Rep. by its Secretary, Ministry of Railways, Railway Bhavan, Sansad Marg, New Delhi. 2. The South-C-entral Raihray, Rep. by its General Manager, Rail Nilayam' Secunderabad, Telangana. 3. The Principal Chief Commercial Manager, South-Central Railway, Rail Nilayam, Secunderabad, Telangana. 4. The'senior Divisional Commercial Manager, O/o The Divisional Railway Manager, Secunderabad, Telangana - 500071 . ...
RES,ONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of a writ of Mandamus by declaring the action of the Respondent No. 4 in not following the circulars issued by the Respondent No. 1 Railway Boards circular vide Letter Ref. No. 20201 Catering/ 600/03, daled 21 . O5. 2020 and 01 . 06. 2020 and not considering the Petitioner's representation dated 26. 06. 2023 and extending only 71 days i. e. , up lo 14. 07. 2023, instead of 540 days of the Petitioner's contract period even though the Petitioner is entitled for the extension of 540 days of her contract period including the dies non, period of 303 days and Residual period of 237 days, beyond 14. 07. 2023 pertaining to Petitioner's stall GMU No. 30 on Platform No.
2 at Khammam Railway station at par with the other Divisions of the south central Railway and also other Zones of lndian'Railways and further directed the Petitioner to cease her business operations of her stall GMU No. 30 on Platform No. 2 at Khammam Railway Station and also threatening to remove the sairl stall as illegal, arbitrary and violation of principles of Natural Justice, besides vic ative of rights guaranteed under Articles 14,. 1g and 21 of the Constitution of lndirr and consequently set aside the impugned. Letter Ref. No. ClClT9lCatglGMU-31/PF-2lBZA endtKMTl 17, dated 12. 07. 2023 issued by the Respondent No. 4 and direct the Respondent No. 4 not to interfere with the Petitioner's busines;s and further direct the Respondents to extend the petitioners license period for r). 10 days (303p1us237) beyond os. os. 2023 by considering the closure period of tle Petitioner's stall for 374 days from 22. 03. 2020 to 30. 03.
2021 (303 days) as dies rron period along with the residual period of 237 days for the percentage of loss ll sales due to less passenger footfall in the said period subject to payment of licenr;r: fee pertaining to the Petitioners stall GMU No. 30 on platform No. 2 at Khammanr Railway station and allow petitioner the to conduct her business in the abov,: stall forthwith. lA NO: 1 OF 2023 Petition under section '1 51 cpc praying that in the circumstances stated in the affidavit filed in ,;rrpport of the petition, the High court may be pleased to direct the Respondent No.. 4 authorities not to harass petitioner the by threatening to remove her caterin3 stall GMU No. 30 on platform No. 2 at Khammam Railway Station pending disfrc sal of the above Writ petition. lA NO: 2 OF 2023 Petition unde: Section 151 CPC praying that in the circumstances stated in the affidavit filed in s;u pport cif the petition, the High court may be pleased to direct the Respondent Nc.
,1 not to restrict the petitioner to continue her day{o-day business of caterinly stall GMU No. 30 platform on No. 2 at Khammam Railway station by setting aside the Letter Ref. No. ctctTglcatgtGMu-3olpF-2tBzA end/KMT/ 17, dated 12. 07. 2023 issued by the Respondent No. 4 pending disposal of the above Writ Petirion. lA NO: 3 OF 2023 Petition under Section 151 CPC praying that in the cifcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No. 4 to consider the Petitioners representation dated 18. 07. 2023 and extend the Petitioner's contract period for the stall GMU No. 30 on Platform No. 2 at Khammam Railway station for a further period of 540 days from 14. 07. 2023 by following the Railway Boards circular vide Letter Ref. No. 202OlCateringl600l03, dated 21 . 05. 2020 and 01 . M.
2020 and also at par with the other Railway Divisions and Railway Zones of the lndian Railways, pending disposaI of the above Writ Petition. lA NO: 4 OF 2023 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No. 4 to consider the Petitioner's representation dated 18. 07. 2023 and extend the Petitioner's contract period for the stall GMU No. 30 on Platform No. 2 at Khammam Railway station for a further period of 540 days from 14. 07. 2023 by following the Railway Board's circular vide Letter Ref. No. 2O20lCaleringl600l03, dated 21. 05. 2020 and i 01 . 06. 2020 and also at par with the other Railway Divisions and Railway Zones of the lndian Railways, by setting aside the Tender Notification vide No. C/C/79lCatg/GMUs/Al ,A,8,C|112026, File No. SCR-SCOCOMM(Cate)1312022- O/o ACM/GOOD/SC/SCR, dated 16. '10.
2023 to the extent of the Petitione/s catering stall GMU No. 30 on Platform No. 2 at Khammam Railway Station, as it is the subject matter of the above Writ Petition, which is pending for adjudication, pending disposal of the above Writ Petition. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow the amendment of writ prayer in the above Writ Petition No. 29381 of 2023 by, replacing the present prayer, "For the aforementioned reasons, it is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order '- or direction more par. ioularly one in the nature of a writ of Mandamus by the action of the Rescondent No. 4 in not following the circulars issued Respondent No. 1 Railway Board's circular vide Letter 2020lcateringl600/03, dated 21 . 05. 2020 and 01. 06. 2020 and not considering the Petitioner's representa ion dated 26. 06.
2023 and extending only 14. o7. 2023, instead cf 540 days of the petitioner's contract period Petitioner is entitled f )'the extension of 540 days of her contract period the dies non period ,rf 303 days and Residual period of 23r 14. 07. 2023 pertainin'] to Petitioner's stall GMU No. 30 on platform Khammam Railway sitirtion at par with the other Divisions of the south Railway and also o:l- er Zones of lndian Railways and further Petitioner to cease hr-,r business operations of her stall GMU No. 30 No. 2 at Khammam R;rilway station and also threatening to remove as illegal, arbitrary and violation of principles of Natural Justice, besides of rights guaranteed ur der Articles '14, i 9 and 21 of the constitution consequently set asic e the impugned Letter Ref. No. c/c/79lcatg/GMu-30/pF- 2IBZA endlKVTl 17, ceted 12. 07. 2023 issued by the Respondent the Respondent No.
4 rrot to interfere petitioner,s with the business direct the Respondent:; to extend petitioner's the license period (303+237'l beyond 05. t)t;. 2923 by considering the closure period of stall for 374 days front 22. 03. 2020 to 30. 03. 2021 (3o3 days) as dies non along with the residual Period of 237 days for the percentage of loss to less passenger footfall in the said period subject to payment pertaining to the Petitione/s stall GMU No. 30 on platform No. 2 Railway Station and allow the petitioner to conduct her business in stall forthwith and to pass such other order or orders as this Hon,ble deem fit and proper n the circumstances of the case and in Justice. " with the follo'rving amended prayer, "For the aforementioned reasons, is therefore prayed thal this Hon'ble court may be pleased to issue an writ, order or direction rnore particularly one in the nature of a writ by declaring the action of the Respondent No. 4 in not fofiowing issued by the Respon,Jr:nt No.
1 Railway Board's circurar vide Letters 2o20lcateringl600/03, 21 . os. Zo2o and 01 '7ated . 06. 2020 and not consideriig the Petitioner's representatron dated. 1g. 07. 2023, and extending onry 71 daysi. e. , up to . / 14. 07. 2023, instead of furthers4o days of the Petitioner's contract period even though the Petitioner is entitled for the extension of 540 days of her contract period including the dies non period of 303 days and Residual period of 237 days, pertaining to Petitioner's stall GMU No. 30 on Platform No. 2 at Khammam Railway Station at par with the other Divisions of the South Central Railway and also other Zones of lndian Railways and further directed the Petitioner to cease her business operations of her stall GMU No. 30 on Platform No. 2 at Khammam Railway Station from 15. 07.
2023as illegal, arbitrary and violation of Principles of Natural Justice, besides violative of rights guaranteed under Articles 14,19 and 21 of the Constitution of lndia and consequently set aside the impugned Letter Ref. No. C/ Cl T9lCatgl GMU-30/ PF-z IBZA endlKMTllT, dated. 27. 07. 2023issued by the Respondent No. 4 and direct the Respondent No. 4 to allow the petitioner to re-open her stall and not to interfere with the Petitioner's business and further direct l the Respondents to extend the Petilioner's license period for furtherS40 days (303+237[rom the date of order of this Hon'ble Court, by considering the closure period of the Petitioner's stall for 303 days from 01 . 06. 2020 to 30. 03. 2021 (303 days) as dies non period along with the residual period of 237 days from 31 . 03. 2021 to 30. 04. 2022for the percentage of loss of sales due to less passenger footfall in the said period subject to payment of license fee pertaining to the Petitioner's stall GMU No.
30 on Platform No. 2 at Khammam Railway Station and allow the Petitioner to re-open and conduct her business in the above said stall forthwith. Counsel for the Petitioner: SRI NAVEEN KUMAR. V Counsel forthe Respondents: SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GEN. OF INDIA The Court made the following: ORDER THE HON'I}I. E JUSTICE MOUSHUMI BHATTACHARYA \YRIT PETITION NO. 29381 OF 20. 23 Sri Naveen Kumar Var;ireddy, Iearned counsel for the petitioner ORDER: lrarned ccLnsel appearing for the petitioner seeks to withdraw the writ petition oa the ground that the petitioner is not in a position to pursue the liti13ation. 2. W. P. No. 2933l of 2023, along with all connected applications, is accordingly disrnissed as withdrawn. Interim or(lers, if any, shall stand vacated. There shall be no order as to costs. SD/. K. SREERAMA MURTHY ASSISTANT REGISTRAR u //TRUE COPY// SECTION OFFICER To 1 GEN oF rNDrA 313 3313 3[l l]tBiFHAy$r-Yj'ff[:'6J:t3ty""+oR 2 toPUCI 3 Two CD CoPies PSK. PSK.
HIGH COURT DATED:04112t12024 ORDER ;::=r:-\. S tl rU 1 t,E o WP. No. 29381 of 2023 ( I 1 1 lltl 2i1q ,':- . l ,/ t -_\ t Dt sa^]. C\:. 7' DISMISSING HE WRIT PETITION AS WITHDRAWN WITHOUT COSTS. I t0
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