M/S Indian Railway Caterers ... vs The Union Of India
2023 Latest Caselaw 64 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.1100 of 2022
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M/s Indian Railway Caterers Vendors Bearers Canteen Co-Operative Society Ltd. Refreshment Room Contrator, Jhajha Railway Station, through its Member Soni Singh 9/942 Years Famela W/o Kumar Roshan, R/o Sona Sadan, Congress Nagar P.S. Phulwari, District-Patna.

... ... Petitioner/s Versus

1. The Union of India through The Secretary, Indian Railways Ministry of Rail, Rail Bhawan, New Delhi.

2. The Chief Commercial Manager/ Cateting, E.C. Railway, Danapur.

3. The Sr. Divisional Commercial Manager, E.C. Railway, Danapur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Prakash Chandra Agrawal, Advocate For the Respondent/s : Mr.Ramadhar Shekhar (Addl. S.C. Railway) Mr. Awadhesh Kumar Pandey, SCGC Ms. Punam Singh, CGC Mr. R.Lokesh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 03-01-2023

Petitioner has prayed for the following relief(s):-

"I. For setting aside the termination Notice No. Com/Refreshment Room/JAJ/21 dated 31.08.2021 issued by Respondent No.3 whereby the license of the petitioner for operating Refreshment Room at Jhajha Railway Station has been terminated without giving an opportunity of being heard 01.09.2021.

II. For directing the respondent authorities to permit the petitioner to operate the Refreshment Room at Jhajha Railway Station;

Patna High Court CWJC No.1100 of 2022 dt.03-01-2023

III. For issuance of a writ in the nature of Mandamus directing the respondent authorities not to disturb the operation of catering services render by the petitioner at Jhajha Railway station;

IV. For issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper."

The agreement entered into between the

petitioner and the respondents stands terminated on account of

breach of Condition No.22 thereof, which is extracted as under:-

"22. Sale of Intoxicants prohibited :- The Licencee (s) shall not stock or sell wine, bear or other spirituous liquors, cocains, opium, morphia, ganja (hamp) and other intoxicants within the said premises."

It is not in dispute that the Manager, who was the

main person incharge of the Canteen/premises from where

articles were being vended in terms of the agreement, stands

arrested and that FIR of sale of illicit liquor registered by the

police. As such, we see no reason to interfere with the present

petition whereby the agreement inter se the parties stands

terminated vide order dated 31st August, 2021.

Further, we find that the period of agreement

stood expired way back in the year 2005. As such, petitioner,

even otherwise, has no right to continue occupying the premises Patna High Court CWJC No.1100 of 2022 dt.03-01-2023

in question.

The instant petition stands disposed of.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( Partha Sarthy, J)

Sujit/ sanjeev/-

AFR/NAFR
CAV DATE
Uploading Date          07.01.2023
Transmission Date