Rahul Gupta vs Union of India & others

Heard learned counsel for the parties and perused the record.

Petitioner is a licencee of North-Eastern Railways, who was running a Milk Parlour/Amul Ice-cream Parlour at Railway Station Lalkuan, District Nainital. According to him, in October, 2014 a tripartite agreement was entered into between petitioner, North-Eastern Railways and Gujarat Cooperative Milk Marketing Federation Ltd., which is annexure No. 2 to the writ petition. By the said agreement, petitioner was awarded licence for sale of milk and milk products at Lalkuan Railway Station for a period of three years. The term specified in the said agreement came to an end on 08.10.2017 and North-Eastern Railways closed the stall, allotted to the petitioner for running the Milk Parlour. According to the petitioner, he has submitted an application to the Senior Divisional Commercial Manager, North-Eastern Railways, Bareilly on 29.09.2017 seeking permission to run the Milk Parlour till completion of tender process for award of fresh contract.

According to the petitioner, the said application is still pending before the concerned authority. Learned counsel for the petitioner submits that his belongings including Refrigerator, are still lying in the stall, which was allotted to him by the North-Eastern Railways. Learned counsel for the petitioner confines his prayer and submits that the Competent Authority in the North Eastern Railways be directed to permit the petitioner to run Milk Parlour till completion of tender process.

Mr. S.S. Chauhan, Advocate, appearing on behalf of the respondents, on instruction submits that Ministry of Railway has issued a circular that pending finalization of policy regarding allotment of stalls, no new allotment be made However, he very fairly submits that Competent Authority shall sympathetically consider petitioner''s application dated 29.09.2017.

Accordingly, the writ petition is disposed of with direction to respondent No. 2 - Senior Divisional Commercial Manager, North-Eastern Railway, Bareilly to consider petitioner''s application dated 29.09.2017 and pass appropriate order, in accordance with law, within two weeks from the date of presentation of certified copy of this order.