IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.4472 OF 2008 ABHISHEK UPADHYAY, SON OF LATE UMA SHANKAR UPADHYAY, RESIDENT OF VILLAGE NEW AREA, DEHARI- ON-SONE, POLICE STATION DEHARI-ON-SONE, DISTRICT ROHTAS (SASARAM) VERSUS 1. THE UNION OF INDIA THROUGH THE GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR 2. THE DIVISIONAL RAILWAY MANAGER, EAST CENTRAL RAILWAY, MUGALSARAI 3. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, EAST CENTRAL RAILWAY, MUGALSARAI 4. THE COMMERCIAL TRAFFIC INSPECTOR, EAST CENTRAL RAILWAY, DEHARI-ON-SONE 5. THE STATION MANAGER, EAST CENTRAL RAILWAY, DEHARI-ON-SONE 6. THE INSPECTOR, RAILWAY PROTECTION FORCE, EAST CENTRAL RAILWAY, DEHARI-ON-SONE 7. THE INSPECTOR, G.R.P. DEHARI-ON-SONE RAILWAY STATION, EAST CENTRAL RAILWAY, DEHARI-ON- SONE 8. THE GROUP GENERAL MANAGER, INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED, EASTERN ZONE, 3 KOILAGHAT STREET, GROUND FLOOR, KOLKATA-700001 9. THE ASSISTANT MANAGER (FINANCE), INDIAN RAILWAY CATERING AND TOURISM CORPORATION, 2ND FLOOR, CHAMBER BHAWAN, J.C. ROAD, NORTH GANDHI MAIDAN, PATNA-800001 ********* 3 18/10/2011 Heard Counsel for the parties. The petitioner has filed this writ application praying therein that his application as contained in Annexure-3 to the Indian Railways for transfer of the license of three vending stalls which were running in the name of his father, Uma Shankar Upadhaya in his favour. The stalls of Platform No. 2, 3, 4 and 5 at 2 Dehari-on-sone were settled with Shoe Pujan Upadhyay on 19.02.1958 for a certain period and license fee. The last renewal was made on 18.02.1970. Sheo Pujan Upadhyay died on 18.04.1968 and thereafter the license was transfer in the name of Uma Shankar Upadhyay who died on 06.04.2004. It has been stated on behalf of the Railways that the license was extended only till 31.12.1994 and thereafter stalls were being running without any valid license. Counsel for the petitioner submits that after the death of his father, he filed an application for transfer of the license in his name, but the matter remained pending with the Indian railways. A counter affidavit has been filed in which it is stated that the running of the stalls was handed over to the IRCTC and the petitioner can take the settlement from them on their terms and conditions. On behalf of the petitioner, a rejoinder has been filed stating at paragraph 5 that the Indian Railways is the competent authority to award transfer of the vending contract at Dehari-on-sone Railway Station as the IRCTC has re-transferred the catering services to the Indian Railway. Considering all these facts, the petitioner may 3 apply afresh for grant of license and the railways authorities considering that the petitioner’s forefathers have been in the business of running a tea stall etc. on the Dehari-on-sone Railway Station, may consider the application for grant license in favour of the petitioner subject to the payment of the license fee. This writ application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)