Patna High Court
Kaushar Neyazi @ Md. Kaushar Neyazi vs The Union Of India on 21 April, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1695 of 2019
In
Civil Writ Jurisdiction Case No.16079 of 2019
======================================================
1. The Union of India through the General Manager, East Central Railway, Ha-
jipur, District- Vaishali.
2. The Divisional Rail Manager, Sonpur Division, East Central Railway, Ha-
jipur, District- Vaishali.
3. The Station Manager, Begusarai Station, District- Begusarai.
... ... Appellants
Versus
Dilip Kumar Mahato, Son of Rampreet Mahato, resident of Ward no. 7, Vil-
lage- Baro, Rajdeopur, Police Station- Barauni, District- Begusarai.
... ... Respondent
======================================================
with
Civil Writ Jurisdiction Case No. 2171 of 2020
======================================================
Kaushar Neyazi @ Md. Kaushar Neyazi, Son of Md. Sultan, Resident of Vil-
lage- Phulwaria, Ward No. 4, P.O.- Barauni, P.S.- Barauni, District- Be-
gusarai.
... ... Petitioner
Versus
1. The Union of India through the General Manager, East Central Railway, ha-
jipur, District- Vaishali.
2. The Divisional Rail Manager, Sonpur Division, East Central Railway, Son-
pur, District- Saran.
3. The Station Manager, Barauni Junction, District- Begusarai.
... ... Respondents
======================================================
Appearance :
(In Letters Patent Appeal No. 1695 of 2019)
For the Appellant/s : Mr. Alok Kumar Agrawal, Sr. CGSC, UOI
For the Respondent/s : Mr. Rakesh Kumar Sharma, Advocate
(In Civil Writ Jurisdiction Case No. 2171 of 2020)
For the Petitioner/s : Mr. Rakesh Kumar Sharma
Mr. Alok Anand, Advocate
For the Respondent/s : Mr. Anand Kumar Ojha, Sr. Advocate (UOI)
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Patna High Court L.P.A No.1695 of 2019 dt.21-04-2025
Date : 21-04-2025
The appellants have assailed the order of the
learned Single Judge dated 25.11.2019 passed in C.W.J.C. No.
16079 of 2019.
2. Respondent - Dilip Kumar Mahato, who was
allotted space on the platform of Begusarai Railway Station
measuring of 5X6 to Public telephone booth. Having regard to
the technology, PCO Booth is not feasible to run in the Railway
Platform, resultantly, he intends to switch over to any other
business. Such change of business policy is not existing with the
Appellant - Railway, therefore, Appellant is not entitled to
convert the aforementioned PCO Booth purpose to that of any
other purpose. Purely it is policy decision of the Appellant-
Railways. No doubt, Respondent is 60% disabled person and he
had a continuous business for about 24 years. The Railway
Authorities, at the best, they can give preference to the
Respondent as and when notice inviting application from the
eligible candidates for any other business is called for and
preference/priority shall be given. If such relaxation provision is
not there, the same shall be examined by the Railway
Authorities - Appellant. To this extent, the Appellant has made
out a case so as to interfere with the order of the learned Single
Judge dated 25.11.2019 passed in C.W.J.C. No. 16079 of 2019.
Patna High Court L.P.A No.1695 of 2019 dt.21-04-2025
Accordingly, it is modified in the above term.
3. Accordingly, the present L.P.A. No.1695 of 2019
stands disposed of. Pending I.As, if any, stands disposed of.
Ref: Civil Writ Jurisdiction Case No. 2171 of 2020
4. Heard C.W.J.C. No. 2171 of 2020.
5. Petitioner -Kaushar Neyazi @ Md. Kaushar
Neyazi case is similar to the L.P.A. No. 1695 of 2019 decided
today in the case of The Union of India Versus Dilip Kumar
Mahato. Whatever the observation made in the aforementioned
decision stands applicable to the present case.
6. The concerned Railway Authorities are hereby
directed to examine and redress the grievance of the petitioner
on par with Dilip Kumar Mahato for the future tenders.
7. Accordingly, C.W.J.C. No. 2171 of 2020 stands
disposed of. Pending I.As, if any, stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.04.2025
Transmission Date NA
