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[2025:RJ-JP:37214] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13757/2025 M/s Muskan Enterprises, Through Sole Proprietor Hamid Khan, S/o Shri Mehboob Khan, Aged About 45 Years, Resident Of 172- A, Udyog Nagar, Niwaru Road, Jhotwara, Jaipur District Jaipur (Raj.) 302012 Running The Business Of Catering Stall In The Name Of M/s Muskan Enterprises. ----Petitioner Versus
1. Union Of India, Through General Manager, West Central Railway, Jabalpur Indra Market, Jabalpur (M.p.) 182001
2. The Senior Divisional Commercial Manager, West Central Railway Kota, Kota Railway Station, District Kota (Raj.)
3. Station Manager, West Central Railway, Baran, Station Baran, (Raj.) ----Respondents For Petitioner(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Mr. P.C. Sharma HON'BLE MR. JUSTICE SAMEER JAIN
Order 11/09/2025
Learned counsel for the respondents has submitted that in Master License Agreement (Annexure- 2), Article 19 provides the dispute resolution clause. It is further submitted that the petitioner, as per the Rules and Regulations of the Railway, has one stall for the stipulated period and as per Article 3 of agreement (supra), there is no provision for granting extension beyond the stipulated period i.e., five years. Contrary, learned counsel for the petitioner has submitted that as per revised edition of Indian Railway Code for traffic
[2025:RJ-JP:37214] (2 of 2) [CW-13757/2025] (Commercial) Department (Annexure-4), there is a provision qua renewal and has served legal notice to the respondent authorities in this regard on 02.09.2025. Considering the foregoing facts and circumstances of the case, this Court without entering into the merits of the case, directs the respondent authorities/competent authority to treat legal notice of the petitioner as representation, and decide the same by constituting Dispute Resolution Board as per Article 19 of the Agreement (Annexure-2), within a period of 15 days. It is made clear that no coercive action be taken against the petitioner, till the adjudication of the representation. Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J JKP/s-255