- 1 - HC-KAR NC: 2025:KHC:47328 WP No. 96 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 96 OF 2024 (GM-RES) BETWEEN: 1. MR M S DESAI SON OF SHIVALINGAPPA AGED ABOUT 54 YEARS RESIDING AT NO 2457, MARUTHI NAGARA, KYATHASANDRA SIDDAGANGA MATHA, TUMKUR - 572104 …PETITIONER (BY SRI. NISHAN G K., ADVOCATE) AND: 1. UNION OF INDIA THE MINISTRY OF RAILWAYS RAISINA ROAD NEW DELHI - 110 001 REPRESENTED BY ITS SECRETARY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47328 WP No. 96 of 2024 2. THE CHAIRMAN RAILWAY BOARD MINISTRY OF RAILWAYS NEW DELHI 110001 3. THE SENIOR DIVISIONAL COMMERCIAL MANAGER (THE SR. DCM) SOUTH WESTERN RAILWAYS MYSORE DIVISION, DIVISIONAL OFFICE, COMMERCIAL BRANCH MYSORE - 570021. …RESPONDENTS (BY SRI. SADHANA S DESAI., ADVOCATE FOR R1 TO R3) THIS WP IS FILED PRAYING TO QUASH THE COMMERCIAL CIRCULAR NO. 61 OF 2017 DATED 05/09/2017 BEARING NO. 2015-TG-III/461/2 (ANNEXURE-E) ISSUED BY RESPONDENT NO.1 BEING ILLEGAL, INVALID AND ULTRA VIRES ARTICLE 19 AND ARTICLE 21 OF THE CONSTITUTION OF INDIA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47328 WP No. 96 of 2024 CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER Learned counsel for the petitioner submits that the petitioner has challenged the policy decision of the Ministry of Railway Board dated 05.09.2017 regarding setting up of Multi- Purpose Stall (MPS). The said policy has been upheld by the Delhi High Court and as well as this Court and therefore, nothing survive for consideration. 2. Hence, the writ petition is dismissed. However, the petitioner is directed to remove his stalls within a period of two months from today. If the petitioner does not vacate and remove the stalls, he will liable to be prosecuted under the Contempt of Courts Act. The petitioner is directed to file an affidavit of undertaking stating that he will remove the stalls from the Arsikere and Mysore Railway Stations on or before 15.01.2026. Sd/- (D K SINGH) JUDGE VM List No.: 1 Sl No.: 22