[2025:RJ-JP:4470] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14714/2022 M/s Tirupati Associates, A Registered Partnership Firm Running A General Minor Unit No. C-13, At Platform No. 4, Near Pole No. 1345 A, Kota Railway Station, West Central Railway, Kota Through Power Of Attorney Holder Executed By Partners In Favour Of Anil Sharma S/o Shri Satya Prakash Sharma, Aged 41 Years, Resident Of Plot No. 23, Poonam Colony, Kota (Raj.) ----Petitioner Versus 1. Union Of India, Through General Manager, West Central Railway, Jabalpur (M.p.) 2. Senior Divisional Commercial Manager, West Central Railway, Kota. 3. Station Director, Kota Junction, West Central Railway, Kota Junction, Kota (Raj.) ----Respondents For Petitioner(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Mr. Divyesh Maheshwari HON'BLE MR. JUSTICE SUDESH BANSAL Order 31/01/2025 1. With the consent of counsel for both parties, the writ petition has been heard finally on merits at this stage itself. 2. By means of filing instant writ petition, the petitioner raised his basic grievance to commence his contractual period to run General Minor Unit on Platform No.4, C-13, Near Pole No.1345A, Kota Railway Station, Kota, w.e.f 31.12.2017 to five years ending on 31.12.2022. 3. Since, the respondent by issuing notice dated 27.09.2022, sought to cut short the term and by terminating the contract w.e.f. [2025:RJ-JP:4470] (2 of 3) [CW-14714/2022] 30.09.2022, directed the petitioner to vacate and handover the possession by 03.10.2022, in that eventuality, petitioner preferred instant writ petition, challenging the notice dated 27.09.2022. 4. This Court, vide order dated 30.09.2022, taking into consideration the case of petitioner to have contract period at least upto 31.12.2022, stayed the operation of impugned notice dated 27.09.2022 and permitted the petitioner to continue his work under the contract provided he pays the licence fee. 5. Counsel for petitioner has pointed out that during course of the writ petition, his licence has been renewed by the respondents till 23.06.2023 and his another application for renewal of licence is still pending under consideration before the respondents. 6. Counsel for respondents has pointed out that the contractual period of petitioner, even if accepting the case of petitioner, as make out in the writ petition, has come to an end on 31.12.2022. As far as pending of renewal application for licence is concerned, that is a separate cause of action, hence, instant writ petition has virtually rendered infructuous, with afflux of time and end of term of contract. 7. Heard counsel for both parties at length. 8. Before passing the order on merits, learned counsel for petitioner, having instructions from the petitioner and in view of the fact that the contractual period of licence, even if treated to be commencing from 31.12.2017 has expired on 31.12.2022, does not press instant writ petition but seeks liberty to pursue his application for renewal of licence before the respondents. [2025:RJ-JP:4470] (3 of 3) [CW-14714/2022] 9. In that view of the matter, instant writ petition is permitted to be disposed of in terms of prayer of counsel for petitioner. It is hereby observed that if renewal application of petitioner is pending, respondents shall consider the application for renewal of licence, sympathetically and consider the continuance of possession of the petitioner over the General Minor Unit on Platform No.4, C-13, Near Pole No.1345A, Kota Railway Station, Kota since 31.12.2017 onwards and renewal of his licence at least upto 23.06.2023. 10. Accordingly, instant writ petition stands disposed of. 11. Interim order dated 30.09.2022 stands vacated. 12. Stay application and other pending application(s), if any, stand disposed of. 13. In view of peculiar fact that the petitioner is having possession over the stall in question and has been running his business in the stall since 2017, respondents shall furnish a 15 days’ prior notice before removing his possession, subject to payment of the licence fee by the petitioner, if due. (SUDESH BANSAL),J RONAK JAIMAN/118