Satrupa Ghosh Wife of Sri Arun Kumar Ghosh v. Union of India through General Manager, Eastern Railway, Kolkata
2018-03-26
RAJESH SHANKAR
body2018
DigiLaw.ai
ORDER : The present writ petition has been filed for issuance of direction upon the respondents to consider the petitioner’s representation regarding issuance of fresh licence in her favour with respect to the vacant ordinary commercial plot without structure situated at Sakrigali Railway Station, Sahebganj, Jharkhand in terms of the policy decision contained in Railway Board’s letter no. 2005/LML/18/8 dated 10.02.2005 issued by the Ministry of Railways (Railway Board), Government of India. 2. The factual background as stated in the writ petition is that the petitioner being woman entrepreneur established industrial unit in 2011 in the name and style of Vasundhara Stone Works located at Jamni in the district of Sahebganj for production of stone processed materials, like stone chips and boulders of different sizes, stone dusts etc. and in this regard, licences/permission were issued/granted by the Mining Department, Inspector of Factories, and Jharkhand State Pollution Control Board. The Divisional Manager, D.I.C., Sahebganj also issued letter no. 109 dated 11.03.2011 for running the industrial and commercial activities of stone processing. The petitioner has also taken a piece of land on lease on 27.09.2011. The petitioner, for running her business activities on the vacant land of the railways filed a representation on 23.11.2015 before the concerned authorities for issuance of fresh licence, however the same has not been responded. Hence, the present writ petition. 3. Learned counsel for the petitioner submits that the petitioner is in genuine need of allotment of one commercial plot without structure for stacking, dumping and loading in wagons at Sakrigali Railway Station in Sahebganj district of Eastern Railways for transportation of sold stone materials to the purchasers. The petitioner filed representation for the allotment of one commercial plot for the aforesaid purpose. However, the Senior Divisional Commercial Manager, Eastern Railway/Malda without proper consideration issued an order contained in memo no. C/490/Goods/Stacking Permission Malda dated 21.08.2014 (Annexure-4 to the writ petition) which was communicated to the petitioner. Thereafter, the petitioner filed the fresh representation dated 23.11.2015 (Annexure-5 to the writ petition) before the respondent authorities, however the same has not been considered. It is also submitted that the respondent authorities may be directed to re-consider the representation of the petitioner in the light of the policy on licencing of railway land for commercial plots etc. contained in Board’s letter no. 2005/LML/18/8, New Delhi dated 10.02.2005 and letter no.
It is also submitted that the respondent authorities may be directed to re-consider the representation of the petitioner in the light of the policy on licencing of railway land for commercial plots etc. contained in Board’s letter no. 2005/LML/18/8, New Delhi dated 10.02.2005 and letter no. 2014/LML-II/18/5, New Delhi dated 29.02.2016 (Annexure-1 to the writ petition). 4. Per contra, learned counsel for the respondents submits that there are 31 commercial plots at Sakrigali, out of which 30 plots have already been allotted. There is only one plot left which is being used as general loading point by various parties including the petitioner on ‘first come first serve’ basis and at present, there is no other vacant commercial plot at Sakarigali Railway Station. 5. Having heard learned counsel for the parties and going through the materials available on record, it appears that the request of the petitioner as well as others for granting licence of the vacant commercial plot at Sakrigali railway station, Sahebganj, has been rejected vide order contained in memo no. C.490/Goods/Stacking Permissions, Malda dated 21.08.2014 by the Sr. Divisional Commercial Manager, Eastern Railway/Malda. The petitioner instead of challenging the said order preferred the another representation dated 23.11.2015 with the same request. The railway authorities have filed a counter affidavit taking the stand that out of 31 commercial plots at Sakrigali, 30 plots have already been allotted to the different persons and presently only one plot is left for general loading by various parties for which no individual licence can be issued so as to get maximum loading as well as revenue through maximum users on ‘first come first serve’ basis. 6. Considering the aforesaid stand of the railways authorities, no writ of mandamus can be issued upon the respondents. 7. In view of the aforesaid facts and circumstances of the case, I am not inclined to entertain the present writ petition. The same is accordingly dismissed.