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2025 DAILYLAW 15525 (KAR)

ALL INDIA RAILWAY STATION v. THE UNION OF INDIA

WP/10895/2019 · 2025-01-21

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:2439 WP No. 10895 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 10895 OF 2019 (GM-RES) BETWEEN: 1. ALL INDIA RAILWAY STATION, NON-DEPARTMENTAL RESTAURANT, TEA AND FRUIT STALL CONTRACTORS, AND WORKER ASSOCIATION (REGD), SITUATED AT 721, 61ST CROSS, 11TH MAIN, 5TH BLOCK, RAJAJINAGAR, BANGALORE-560 010. REPRESENTED BY ITS VICE PRESIDENT, V.S.MANOGAR. 2. SHRI D.R.JANARDHAN S/O D.R.RAO, EXISTING LICENSEE OF VEGETARIAN LIGHT REFRESHMENT ROOM, SITUATED, AT PLATFORM NUMBER 2 AND 3, ARSIKERE RAILWAY STATION, B CATEGORY STATION, RESIDENT OF DODDAMANE, GANDHINAGAR, TUMKUR. …PETITIONERS (BY SRI. SYED GHOUSE PASHA., ADVOCATE) AND: 1. THE UNION OF INDIA, MINISTRY OF RAILWAYS, NEW DELHI-110 001. REPRESENTED BY ITS SECRETARY. 2. THE CHAIRMAN, RAILWAY BOARD, MINISTRY OF RAILWAY, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2439 WP No. 10895 of 2019 NEW DELHI-110 001. 3. THE DIRECTOR, TOURISM AND CATERING, MINISTRY OF RAILWAYS, NEW DELHI-110 001. 4. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, MYSORE DIVISION, SOUTH WESTERN RAILWAYS ZONE, COMMERCIAL BRANCH, SITUATED AT DIVISIONAL OFFICE, IRWIN ROAD, MYSORE-670 021. 5. THE DIVISIONAL RAILWAY MANAGER (COMMERCIAL), MYSORE DIVISION, SOUTH WESTERN RAILWAYS ZONE, IRWIN ROAD, MYSORE -670 021. 6. SRI MEHNAZ AQUIL RESIDENT OF 204, EQBAL PLAZA, 36 MILLERS ROAD, BENSON TOWN, BENGALURU-560 046. …RESPONDENTS (BY SRI. KUSHAL GOWDA.,ADVOCATE FOR SRI. ABHINAY.Y.T., ADVOCATE FOR R1 TO 5; R6-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - NC: 2025:KHC:2439 WP No. 10895 of 2019 ORAL ORDER Sri.Kushal Gowda., counsel on behalf of Sri.Abhinay.Y.T., for respondents 1 to 5 has appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Issue an order, direction or a writ, in the nature of Writ of Certiorari by quashing the impugned eviction order bearing No.Y/C.79/CS/ ASK/S-6/PF 2/2018 dated 27.02.2019 issued by the fourth respondent/ Sr.DCM vide Annexure-Q against the second petitioner by treating it as unjust, unfair and ultra vires. (b) Issue an order, direction or a writ, in the nature of Writ of Mandamus to the Respondent - Railways directing them, to renew the second petitioner License of Vegetarian Light Refreshment Room (LVRR) at Platform No.1 and attached with auxiliary stall and two trolleys situated at Platform No.2 and 3, Arsikere Railway Station, which is 'B' Category Station under Mysore Division over South Western Railways Zone, in terms of the Judgment passed by the Supreme Court of India in Civil Appeal 618-620 of 2016 and Writ Petition (Civil) Number 373 of 2018. - 4 - NC: 2025:KHC:2439 WP No. 10895 of 2019 3. Heard the arguments and perused the writ papers with care. 4. Counsel Sri.Kushal Gowda., submits that a Communication was issued to the second petitioner for vacating auxiliary stall and two trolleys situated at Platform No.2 and 3, Arsikere Railway Station premises after completion of the license period. He argued by saying that after completion of the license period, the Railways have now granted license to run tea stall to the sixth respondent. Counsel therefore, submits that an appropriate order may be passed. 5. A perusal of Annexure-Q reflects that a Communication was issued to the second petitioner for vacating the auxiliary stall and two trolleys situated at Platform No.2 and 3, Arsikere Railway Station premises back in the year 2019 i.e., 27.02.2019. Moreover, because of the completion of the license period and the grant of the license in favor of the sixth respondent, the reliefs sought by the petitioners cannot be considered at this juncture. I decline to exercise power under writ jurisdiction. - 5 - NC: 2025:KHC:2439 WP No. 10895 of 2019 6. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 14