1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.CIVIL WRIT PETITION NO. 717/2008 (Pukh Raj Sharma Vs. Union of India & Ors.) Date of order : 19.05.2008 P R E S E N T HON'BLE MR.JUSTICE H.R.PANWAR Mr. Harish Purohit for the petitioner. Mr. Kamal Dave for the respondents. By an application being I.A.No. 5263/08, the petitioner seeks to implead Indian Railway Catering and Tourism Corporation Limited (for short “IRCTC”) as party respondents. Having heard learned counsel for the parties, the application is allowed. Amended cause title has already been filed, same may be placed at appropriate place in the file. Mr. Kamal Dave appears for all the respondents including newly impleaded respondent IRCTC. Heard learned counsel for the parties. The grievance of the petitioner is that he was granted license of Bookstall and the trolley attached therewith initially from the time before Independence and thereafter it 2 continued to be renewed by the respondents from time to time and lastly it was renewed up to 31.12.2006, however, after 31.12.2006 the license was further extended for a period of one year, meaning thereby the license was extended up to 31.12.2007 and thereafter the license granted to the petitioner has not been renewed by the respondents. The respondents filed a reply stating therein that the power to issue license of Bookstalls has been transferred to the respondent IRCTC and therefore, it is for the newly impleaded respondent IRCTC to renew the license. Learned counsel for the petitioner submits that the Govt. of India, Ministry of Railways, Railway Board, New Delhi vide Annex.5 dated 11.6.2004 issued a Circular No.19/04 on the subject Bookstall Policy 2004 and Clause 5.1.1 of the Circular deals with tenure and renewal which provides that tenure of the license of the bookstall of all categories would be five years. However, the Railway administration reserves the right to renew the license for five years at a time subject to the satisfactory performance of the licensee. The performance should be monitored continuously and the renewal committee consisting of officers of the same rank as for the selection committee will scrutinize the track record of the licensee, observations made by officials during inspections conducted from time to time, public complaints, fines imposed and timely payment of railway dues 3 based on proper assessment of sales by railways. Learned counsel for the petitioner submits that the petitioner may be permitted to make a representation to the newly impleaded respondent IRCTC within one week and the respondent IRCTC may be directed to consider and decide his representation objectively in accordance with law within a period of 15 days therefrom. In view of the statement of the counsel for the petitioner as also keeping in view the Bookstall Policy 2004 Annex.5, I consider it just and proper to permit the petitioner to make a detailed representation to the respondent IRCTC within a week from today ventilating his grievances including seeking renewal of the license of bookstall and trolley attached thereto and if such a representation is made within one week, the respondent IRCTC shall consider and decide it objectively in accordance with law within a period of 15 days therefrom. With these directions, the writ petition stands disposed of. (H.R.PANWAR), J. rp 4 S.B.CIVIL MISC. STAY PETITION NO. 1182/08 IN S.B.CIVIL WRIT PETITION NO. 717/2008 Date of order : 19.05.2008 P R E S E N T HON'BLE MR.JUSTICE H.R.PANWAR Mr. Harish Purohit for the petitioner. Mr. Kamal Dave for the respondents. Since the writ petition itself has been disposed of, the stay petition also stands disposed of. (H.R.PANWAR), J. rp