Page No.# 1/5 vs The Union Of India And 3 Ors
2023 Latest Caselaw 1635 Gua

                                                                  Page No.# 1/5

GAHC010080062023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/2100/2023

         K U UMESH AND 5 ORS.
         S/O LATE K.N. UNNI, C/O STATION ROAD, RANGAPARA, DIST-SONITPUR,
         ASSAM, PIN-784505

         2: SHIVJEE CHOUDHURY
          S/O LATE BILAT CHOUDHURY
          R/O BAHIARA
          DIST-BHOJPUR
          BIHAR
          REPRESENTED BY HIS AUTHORIZED REPRESENTATIVE SRI
         BINDESHWAR YADAV
         AGED ABOUT 48 YEARS
          R/O STATION ROAD
          RANGAPARA
          DIST-SONITPUR
         ASSAM
          PIN-784505

         3: RUDALJEE
          S/O LATE SITARAM JEE
          REPRESENTED BY HIS AUTHORIZED REPRESENTATIVE SRI BHOLA
         YADAV
         AGED ABOUT 58 YEARS
          R/O STATION ROAD
          RANGAPARA
          DIST-SONITPUR
         ASSAM
          PIN-784505

         4: SMT. MAYA GHOSH
         W/O NIRDHAN DAS
          REPRESENTED BY HER SON SRI DEEPAK SAH
         AGED ABOUT 25 YEARS
          S/O NIRDHAN SAH
                                                                   Page No.# 2/5

             C/O TALTOLA COLONY
             RANGAPARA
             DIST-SONITPUR
             ASSAM
             PIN-784505

            5: OM PRAKASH SAH
             S/O LATE RAM AYODHYA SAH
             C/O RPF COLONY
             RANGAPARA
             DIST-SONITPUR
            ASSAM
             PIN-784505

            6: VINOD KR. PANDEY
             S/O LATE RAM SINGH PANDEY
             R/O STATION ROAD
             RANGAPARA
             DIST-SONITPUR
            ASSAM
             PIN-78450

            VERSUS

            THE UNION OF INDIA AND 3 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
            OF RAILWAYS, RAIL BHAWAN, NEW DELHI

            2:THE GENERAL MANAGER
             N.F. RAILWAY
             MALIGAON
             GUWAHATI-11

            3:THE DIVISIONAL COMMERCIAL MANAGER
             N.F. RAILWAY
             RANGIA DIVISION
             RANGIA
             DIST-KAMRUP (R)
            ASSAM
             PIN-781354

            4:THE COMMERCIAL INSPECTOR
             RANGAPARA RAILWAY STATION
             DIST-SONITPUR
            ASSAM
             PIN-78450

Advocate for the Petitioner   : MR T H HAZARIKA
                                                                  Page No.# 3/5


Advocate for the Respondent : DY.S.G.I.




            Linked Case : WP(C)/2101/2023

            SMT. HIRAMONI NEOG KAKOTI
            W/O LATE GUNA KAKOTI
            R/O DA-PARBATIA
            SAUDAR CHUBURI
            TEZPUR
            DIST-SONITPUR
            ASSAM
            PIN-784001


            VERSUS

            THE UNION OF INDIA AND 4 ORS.
            REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA
            MINISTRY OF RAILWAYS
            RAIL BHAWAN
            NEW DELHI

            2:THE GENERAL MANAGER
             N.F. RAILWAY
            MALIGAON
             GUWAHATI-11
             3:THE DIVISIONAL COMMERCIAL MANAGER
             N.F. RAILWAY
             RANGIA DIVISION
            RANGIA
             DIST-KAMRUP (R)
            ASSAM
             PIN-781354
             4:THE COMMERCIAL INSPECTOR
             RANGAPARA RAILWAY STATION
            DIST-SONITPUR
            ASSAM
             PIN-784505
             5:M/S MAA KAMAKHYA HOTEL-BONGAIGAON
            MAA KAMAKHYA MARKET
             BHOWLAGURI TUNIAPUR
            VILL AND P.O.-NEW BONGAIGAON
             DIST-BONGAIGAON
                                                                              Page No.# 4/5

           ASSAM-783381
           ------------
           Advocate for : MR T H HAZARIKA
           Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS.



                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

26.04.2023

Heard Shri T.H. Hazarika, learned counsel as well as Shri S. Banik, learned counsel for the petitioners in both these writ petitions.

The petitioners are aggrieved by the action of the Railway Authorities in going ahead with a process for allotment of spaces in the Railway Platform for vending by way of tender. The case of the petitioners is that they have been in the business of vending for a long period of time and if their cases are not considered, irreparable loss and injuries would be suffered. The petitioners have also submitted that under the existing policy, there is a scope for considering the case of the petitioners by making a selection amongst such stakeholders.

On the other hand, Shri H. Gupta, learned C.G.C. appearing for the Railways has submitted that the present two writ petitions are offshoots of earlier litigations in which a Division Bench of this Court had also passed a judgment in WA /90/2023 and in view of such facts and circumstances, there is hardly any scope to re-open the issue. He further submits that the ultimate issue which has been raised in the present petition has been substantially decided in the earlier round of litigation which has culminated in the order passed by the Hon'ble Division Bench.

The aforesaid aspect of the matter would be considered.

Issue notice, returnable by 4 (four) weeks.

Shri H. Gupta, learned C.G.C. accepts notice on behalf of all the respondents.

Page No.# 5/5

Let extra copies of the writ petition be served upon him during the course of the day.

The learned counsel for the petitioners have prayed for an interim order.

Though this Court is not inclined to pass a blanket interim order, it is observed that any action taken by the authorities in this matter shall be subject to the outcome of this writ petition.

JUDGE

Comparing Assistant