- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1913 OF 2009 Central Railway Shopkeepers Premises Cooperative Society Mumbai ... Petitioner vs Union of India & ors ... Respondents Mr.S.S.Kanetkar for Petitioner Mr.Suresh Kumar for Respondent nos. 1 to 3. Mr.V.S.Kapse for Respondent nos. 5 to 20. ... CORAM: F.I.REBELLO & MRS.MRIDULA BHATKAR,JJ DATE: 23rd April, 2010 P.C. 1. A writ Petition was filed by some unauthorized occupants on railway land being Writ Petition No.466 of 2008 to which the present petitioners were respondent no.1. A learned Judge of this court by his order dated 25th March,2008 observed that the representation of the petitioner-society can only be made to the railway board which is the competent authority. In view of that, petition was disposed of. Pursuant to that a representation was made by the society to the railway board which came to be disposed of by a communication dated 18th July, - 2 - 2008. The railway board considered the representation and observed that the board’s letter dated 10th July,2002 and 19th December, 2002 are applicable only to wayside stations and that Kurla is not a way side station and in view of that, policy for setting up shopping complex through co- operative society of existing shopkeepers do not apply to Kurla station. 2. There were altogether 35 unauthorised shopkeepers of which 32 have been evicted. In respect of three others, proceedings are pending before the Estate Officer. 3. The case of the petitioners by the present petition amongst others is that communication of 18th July, 2008 be withdrawn as also for a writ of certiorari to quash and other consequential reliefs. 4. For the petitioners to maintain the petition the first requirement is that they must have a legal right. Their legal right was based on the circular of the railways. That circular is considered by the board and held that it applies to way side stations. The board has categorically recorded a finding that - 3 - Kurla is not a way-side station and as such, the board circular would not apply. In our opinion, once that be the case, the petitioners have not made out any legal right in them warranting this Court to interfere with the board’s order or for that matter granting any other reliefs to the petitioners. With the above observations, petition disposed of. MRS.MRIDULA BHATKAR, J F.I.REBELLO, J - 4 -