11.11.2025 Ct. no.10 Sl. Nos. 04 & 05 b.r. WPA 24510 of 2025 With WPA 24932 of 2025 Mohd. Abdul Wadood Vs. The Union of India & Ors. Mr. Saptarshi Roy Ms. Kakali Das Chakraborty …. For the petitioner in both the writ petitions. Ms. Manju Agarwal, Sr. Adv. Ms. Ranjana Chatterjee …. For the Union of India. 1. Heard the parties through their learned counsels. 2. The petitioner in the instant case is a long standing lease-holder of parcel vans under the South Eastern Railway. The petitioner challenges, inter alia, the arbitrary and unreasoned speaking order dated 28.10.2025 issued by the Assistant Senior Divisional Commercial Manager, Kharagpur Division. The petitioner submits that already on earlier occasions, i.e. 10.10.2025 and 17.10.2025 respectively two representations were made before the respondent no.4 but the Senior Divisional Commercial Manager passed the 2 order on 28.10.2025, wherein there is no whisper with regard to consideration of those two representations made before the authority concerned. 3. The main challenge thrown by the petitioner is with regard to the operational constraints prevailing for loading and unloading of LVPHS Shalimar Station. 4. Learned counsel appearing for the respondents submits that the petitioners were already communicated by a letter dated 12.08.2025 issued by the Deputy Chief Operations Manager (Chg.) with regard to NI work in connection with Yard remodeling of SHM station of Kharagpur Division by observing certain stipulations, which are reproduced below:- “i) Passenger must be duly notified and informed in advance to ensure their convenience with awareness. ii) Cancellation of trans, if necessary, should be done keeping in view operational fluidity and punctuality of trains. iii) ICMS & NTES shall be updated accordingly. iv) Wide publicity through print electric and social media must be given for the convenience of passengers.” 3 5. Learned counsel for the respondents also submits an internal correspondence dated 27.10.2025 with regard to the restriction of handling of train service LVPH’s/VP’s/VVN due to NI work at SHM, which is quoted below:; “In continuation to the earlier notifications regarding Pre-NI and NI working at Shalimar (SHM) in connection with Yard Remodeling Work scheduled from 23.10.2025 to 24.11.2025, it is submitted that: 1. Due to ongoing infrastructure modification at SHM, loading/unloading of LVPH/VPH/Train Service VPs/VVNs is operationally not feasible either at Platforms or in sidings. 2. However, it has been observed that a few incoming services from other Zones/Divisions have been arriving with VPs/LVPHs without prior feasibility confirmation from this Division. 3. Such occurrences are resulting in operational constraints, detention of coaching rakes, and avoidable congestion during the critical NI period. In view of the above, it is requested that suitable instructions may please be issued to all Zones & Divisions that: Handling of all inward and outward Train Service VPs, LVPHs, VPHs & VVNs (including Leased/Demand/Indented) by/for trains originating or terminating at SHM. HWH & SRC shall remain suspended at SHM during the notified period of NI work from 23.10.2025- 24.11.2025. 4 Prior clearance from KGP Division must be obtained for any exceptional requirement during this period. This will help in smooth conduct of NI activities, ensure safely, avoid operational detentions and maintain better punctuality during the restricted layout conditions.” 6. Learned counsel for the respondents further submits that Shalimar Division is only having three platforms and technically not in a position to allow the loading and unloading of LVPHs at platforms since they are in process of remodeling of Shalimar Division. 7. Respondents further submits that already by a letter dated 28.08.2025, the Assistant Commercial Manager has already intimated to all lease holders and the parcel customers regarding NI work in connection with yard remodeling of Kharagpur Division, for which train shall be cancelled, diverted during the NI period. 8. After hearing the rival contentions of the parties and considering the materials on record, I am of the considered view that the authority concerned should revisit the issue of the inconvenience caused by the petitioner 5 for loading and unloading for their lease LVPHs at platform. 9. The Principal Chief Commercial Manager is directed to consider the representation dated 17.10,2025 along with the documents annexed to the writ petition by examining the documents annexed to the writ petition in order to arrive at a logical conclusion for resolving the impasse created by the department. 10. The respondent no.3 shall give a notice of hearing to all the parties and fix a date of hearing on Friday, i.e. 14.11.2025 at 12 noon at the office of Principal Chief Commercial Manager, S.E.R., 14 Strand Road, Kolkata 700 001. The respondent no.4 shall also be present on the same date at the time of hearing before the respondent no.3. 11. The respondent no.3 shall pass a reasoned order in accordance with law and communicate the decision within four working days to the parties concerned. 12. It is made clear that the impasse which is created due to yard remodeling suffers from severity causing inconvenience to all the lease 6 holders with regard to their loading and unloading of LVPHs at platforms. 13. The authorities shall take plausible view to make alternative arrangements for removing the operational constraints while NI work is being done in connection yard with remodeling. 14. With the above observations and directions, both the writ petitions, WPA 24932 of 2025 and WPA 24510 of 2025 stand disposed of without going in to the merits of the case. 15. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Smita Das De, J.)