RAHUL PANDEY v. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD.
2007-04-30
B.S.CHAUHAN, RAJES KUMAR
body2007
DigiLaw.ai
RAJES KUMAR, J. ( 1 ) BY means of the present writ petition, petitioner has claimed the following reliefs: " (i) issue a writ, order or direction in the nature of certiorari calling for record of the case quashing impugned ex parte order of respondent no. 2 dated 07. 04. 2007 (Annexure no. 4. ). (ii) Issue a writ, order or direction in the nature of mandamus commanding respondents not to enforce impugned ex-parte order of respondent no. 2 dated 07. 04. 2007 (Annexure no. 4) against the petitioner on any ground and in any manner whatsoever. (iii) Issue a writ, order or direction in the nature of mandamus commanding respondents to renew license of the petitioner to as usual run the Milk Stall at platform no. 6/7, Kanpur Railway Station, Kanpur. (iv) Issue ad-interim mandamus staying effect and operation of the impugned order of respondent no. 2 dated 07. 04. 2007 (Annexure no. 4) and permit the petitioner to as usual run Milk Stall at platform no. 6/7, Kanpur Railway Station, Kanpur. (v) Issue any other writ, order or direction which this Honble Court may deem fit and proper in the peculiar facts and circumstances of the case. (vi) Award cost of the petition to the petitioner. " ( 2 ) HEARD Sri A. P. Paul, learned counsel for the petitioner and Sri Chandan Sharma, learned counsel for the respondents. ( 3 ) PETITIONER is a old licencee since 1996, running a milk stall at platform no. 6/7 Railway Station, Kanpur as per terms and conditions of the contract and his licence has been renewed from time to time as per the terms and conditions of the contract. The licence has been expired on 31. 03. 2007. Petitioner applied for the renewal of the licence but the same has not been renewed and impugned order has been passed for taking the possession, as the extension of the licence has not been granted by the competent authority. Learned counsel for the petitioner submitted that being the old licencee, the licence of the petitioner should be renewed.
03. 2007. Petitioner applied for the renewal of the licence but the same has not been renewed and impugned order has been passed for taking the possession, as the extension of the licence has not been granted by the competent authority. Learned counsel for the petitioner submitted that being the old licencee, the licence of the petitioner should be renewed. ( 4 ) SHRI Chandan Sharma, learned counsel for the respondents submitted that the Railway Board has taken a policy decision that the licence of milk stall/parlour will be awarded to the apex dairy cooperative societies, approved by the Government at the Center/state/union Territories, who are members of National Cooperative Dairy Federation of India (NCDFI) and/or developed under aegis of Operation Flood programme. Thus, vide letter dated 19. 04. 2005 all General Managers, Indian Railways are directed that on expiry of the existing licence of the milk stall/parlous, these milk stall/parlour be allotted to the apex dairy cooperative societies and in pursuance thereof, the aforesaid stall has been allotted to the respondent no. 5. ( 5 ) WE have perused the terms and conditions of the agreement, which is filed as annexure-1 to the writ petition. The renewal of the licence is at the discretion of the administration for the subsequent period. Thus, petitioner can not claim the renewal of the licence as a matter of right. Since the Railway Board has taken a policy decision to allot the milk stall/parlour to the apex dairy cooperative societies, who are members of National Cooperative Dairy Federation of India (NCDFI)and/or developed under the aegis of Operation Flood programme and the licence of the petitioner is not being extended, the petitioner has no right to retain the possession of the aforesaid stall. ( 6 ) IN this view of the matter, writ petition has no merit and is liable to be dismissed. In the result, writ petition fails and is accordingly, dismissed. .