Page No.# 1/3 GAHC010241212024 2025:GAU-AS:2140-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/389/2024 N F RAILWAY VENDING AND CATERING CONTRACTORS ASSOCIATION REPRESENTED BY ITS GENERAL SECRETARY, SRI MILAN KISHORE PAUL, S/O- LATE BOLORAM PAUL, RESIDENT OF NATUN MATI, MORIANI GRANT, JORHAT, ASSAM 785634 VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI- 110001 2:THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI- 781011 3:THE DIVISIONAL RAILWAY MANAGER N.F. RAILWAY TINSUKIA DIVISION P.O. AND DIST.- TINSUKIA ASSAM PIN- 786125 4:THE DIVISIONAL COMMERCIAL MANAGER N.F. RAILWAY TINSUKIA DIVISION P.O. AND DIST.- TINSUKIA ASSAM PIN- 78612 Advocate for the Petitioner : MR S K BEHARA, MR J RAJBONGSHI Advocate for the Respondent : DY.S.G.I., MR H GUPTA Page No.# 2/3 BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 03.03.2025 (Vijay Bishnoi, CJ) None appears for the appellant Association, today. However, Mr. Hareesh Gupta, learned CGC, is present on behalf of all the respondents. The present intra-Court appeal is preferred by the appellant Association challenging the order, dated 30.10.2024, passed by the learned Single Judge in WP(c)5598/2024, whereby, the learned Single Judge has granted time to the members of the appellant Association to vacate the shops allotted by the N.F. Railways upto 27.12.2024, subject to the condition that they shall furnish an undertaking that they will vacate their respective shops upto 27.12.2024, and also clear the rent/dues, if any, by that date. The learned Single Judge in the said order, dated 30.10.2024, passed in WP(c)5598/2024, has made it clear that if the members of the appellant Association do not give any undertaking on or before 10.11.2024, besides, clearing the rent/dues, if any, and not creating any third-party right therein; the grant of time upto 27.12.2024, shall not be applicable to them and they have to abide by the directions passed in terms of the impugned notices issued by the Railways. The learned Single Judge, vide order, dated 30.10.2024, passed in WP(c)5598/2024, has granted time to the members of the appellant Association in view of the time granted by the Hon'ble Supreme Court in identical matters. Page No.# 3/3 Mr. Gupta, learned CGC, appearing for the Railways, has informed the Court that since the members of the appellant Association has failed to give any undertaking as directed by the learned Single Judge vide order, dated 30.10.2024, passed in WP(c)5598/2024, and has also failed to clear the rent/dues; the shops so allotted to them were already vacated by the Railways authorities on 12.11.2024. As noted above, none has appeared on behalf of the appellant Association today. However, taking into consideration the fact that the shops as allotted to the members of the appellant Association, has already been vacated on 12.11.2024; we are, therefore, not inclined to interfere with the order, dated 30.10.2024, passed by the learned Single Judge in WP(c)5598/2024. In view of the above, the instant writ appeal accordingly stands dismissed. However, there shall be no order as to costs. JUDGE CHIEF JUSTICE Comparing Assistant