Smt Gita Devi vs U O I And Ors
2023 Latest Caselaw 1719 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
              S.B. Civil Writ Petition No. 13047/2011

Anil Kumar
                                                                  ----Petitioner
                             Versus
U O I Tourism And Catering Ors
                                                                ----Respondent

Connected With

1. S.B. Civil Writ Petition No. 13681/2011

2. S.B. Civil Writ Petition No. 4419/2013

3. S.B. Civil Writ Petition No. 5002/2013

4. S.B. Civil Writ Petition No. 812/2022

5. S.B. Civil Writ Petition No. 6218/2022

6. S.B. Civil Writ Petition No. 6428/2022

7. S.B. Civil Writ Petition No. 10426/2022

For Petitioner(s) : Mr. Vishnu Kant Sharma Ms. Neetu Bhandari for Mr. Amit Jindal Mr. Shashi Bhushan Gupta with Ms. Sudha Gupta Mr. Naved Rafiq Mr. Ashindra Gautam For Respondent(s) : Mr. Janardan Pandit Gargey Mr. Anand Sharma with Mr. Ashish Kumar, Mr. Namandeep Singh & Shubhankit Bhatnagar Mr. Gunnar Singh, ACM, Kota present in person

HON'BLE MR. JUSTICE SAMEER JAIN

Order

07/02/2023

The matter was heard at length.

The matter come up for final disposal. At the outset, learned

counsel for the petitioner submits that inspite of interim order

dated 21.09.2011, which is still operational, whereby the

petitioner (in S.B. Civil Writ Petition No. 13047/2011) was allowed

(2 of 3) [CW-13047/2011]

to run trolley No.6 at Railway Station-Bayana, the respondent-

authorities, by its extended arm, have not passed necessary

orders renewing the requisite licenses of the petitioner. By using

such tactics, the respondent-authorities have willfully flouted the

order of this Court.

Learned counsel for the respondent and the officer present in

person, Mr. Gunnar Singh, ACM, Kota, submits that the trolley of

the petitioner was stopped due to non-renewal of FSSAI License.

However, learned counsel and the officer in charge fairly conceded

that, as an interim measure and subject to the final outcome of

the writ petition, the petitioners will be allowed to operate their

respective trolleys, subject to just conditions which are imposed

on any other vendor.

Upon consideration of overall facts and circumstances of the

case, the material on record, after hearing both the sides and

relying upon Hon'ble Apex Court judgment of Senior Divisional

Commercial Manager and Ors. vs. S.C.R. Caterers, Dry

Fruits, Fruit Juice Stalls Welfare Association and Ors.:

(2016) 3 SCC 582, this Court, as an interim measure, deems it

appropriate to allow all the petitioners to operate their respective

trolleys in their concerned Railway Stations, subject to the final

outcome of the writ petition(s) and subject to just conditions as

may be imposed by the respondent-authorities and other such

conditions as are imposed upon other similar vendors.

It is made clear that this order is provisional and no equity

will arise in favour of the petitioner and the same shall remain

subject to the decision of the writ petition.

(3 of 3) [CW-13047/2011]

It is expected that the respondent would comply with this

order, in letter and in spirit.

List the matter for final disposal on 27.02.2023 at 2.00 pm.

(SAMEER JAIN),J

JKP/86-93

Powered by TCPDF (www.tcpdf.org)