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Jharkhand High Court · body

2009 DIGILAW 647 (JHR)

Md. Equbal Khan v. Union of India

2009-04-29

D.N.PATEL

body2009
JUDGMENT: 1. Learned counsel for the petitioners in both the petitions vehemently submitted that the present petitioners are having their stalls on railway platform no. 1 of Tatanagar railway station since several years. Licence fees have already paid by the present petitioners and despite this without giving any opportunity of being heard, their stalls have been ordered to remove and, therefore, both the petitions have been preferred. 2. I have heard learned counsel for the respondents, who has mainly submitted that the respondents have not sold away part of the platform to the petitioners; they are occupying since half a century the stalls in question. Licence has not been renewed. Payment of fees is not an automatic extension of licence. Nonetheless, it is fairly submitted by learned counsel for the respondents that adequate opportunity of being heard will be given to the petitioners by Senior Divisional Commercial Manager, Chakradharpur Division, South Eastern Railway, whose office is situated at Chakradharpur or the petitioners will be heard by Station Manager, Tatanagar railway station. 3. Learned counsel for the petitioners submitted that as the petitioners can not afford to go at far distance at Chakradharpur, they are expected to go for hearing by Station Manager, Tatanagar railway station. 4. Looking to the controversy between the parties, opportunity of being heard will be given before passing any order against the present petitioners by Station Manager, Tatanagar railway station. Petitioners are permitted to file their representations within a period of one week from today with proper averments, allegations and annexures. If the same is not filed, this writ petition will be treated as their representations and I hereby direct Station Manager, Tatanagar railway station to dispose of these representations within a period of three weeks from the date of receipt of a copy of the order of this Court. If the representation is filed, then, these three weeks will be calculated after receipt of the additional representations, preferred by the petitioners. 5. Learned counsel for the petitioners submitted that petitioner no. 2 in a writ petition bearing W.P. (C) No. 1537 of 2009 is having his stall at Chakradharpur railway station, he will attend the hearing before Station Manager, Tatanagar railway station. 5. Learned counsel for the petitioners submitted that petitioner no. 2 in a writ petition bearing W.P. (C) No. 1537 of 2009 is having his stall at Chakradharpur railway station, he will attend the hearing before Station Manager, Tatanagar railway station. It is also submitted that till this hearing is completed by the concerned officer of the railway authority at Tatanagar railway station, their stalls may not be removed and may be kept as it is with their belongings whatever they are laying in them. 6. Learned counsel for the respondents submitted that they have no much objection, but the petitioners have already removed their belongings from the stalls. Nonetheless, the position of the stalls will be kept as it is till the decision is taken by Station Manager, Tatanagar railway station. 7. In view of these submissions, I hereby direct respondent authorities to draw a panchnama of all the stalls of the present petitioners along with photographs. The panchnama will be drawn in presence of the petitioners and respondent officers and I hereby further direct the respondent authorities, to maintain the stalls in as it is position, till the decision is taken by Station Manager, Tatanagar railway station. The panchnama will be drawn within a period of one week from the date of receipt of a copy of the order of this Court. 8. Both the petitions are disposed of, in view of the aforesaid directions. 9. Sri Vivek Srivastava, S/o late Sri K.P. Srivastava, presently posted at Senior Divisional Commercial Manager, Chakradharpur Division of South Eastern Railway is today present in the Court and now, his presence is not required.