N ’l‘EIfJ. HIGH £319 UKLOF CH§§££1§LQI§Kii 1 1§1LA§WJ§ Writfetitiog No. 5b9 ofggg; WiQlEbiUQLQIi,RN‘QwléiiiAkillQkEiggQAQiglljibi 'CONS’I‘ITUTION OF INDIA. (SB: Hon’ble Shri Satish K. Agnihotn‘ J.) Dr. N. K. Shukla, Senior Advocate with MrDihp Dilbey: Advocate for the petitioner. Ms Hamida Siddque, Advocate for the respondents. ‘ 6R D E R (Passed on this 1 1th Day of November, 2008) This petition involves mixed question of facts and 1aw. The pennoner claims that he is a licensee along with one Ram N’a’iayan Agarwal and the petitioner has been in possession of the disputed shop for mom than 45 years. Per contra, Ms Hamida Siddque, learned counsel appearing for the respondents object to the submission that the petitioner is neither a licensee nor in possession of the disputed shop for more than 45 years. Be that as it may, since this petition involves disputed question of facts, this Court is not in a position to decide the I Petitioner Deep Kumar Gupta, aged about 40 years, Sfo Shri Ramshankar Gupta, propn’etor Kanpur Hotel, Old Goods Shet ‘ (ChhattiSgarh), Bilaspur. verSus Respondents 1. Union oi’lndia, Through Chairman, Railway Board, 341 Bhawan, Mantrala’a’ New . Deihi. 2. The Geneml Manager,_ South Eastern Railway, Gardea Reach, KO (org: 43 (West Bengal) “E; 3. Divisional Railway Manager, South Eastern Raiiway, Biiaspur (Chhattisgarh). 4. The oenior Divisional Engineer (Coordinator) South Eastern Railway, Bilaspur (Chnatiisgarh). issue with regard to the possession and status of the pctitioner. In View of fomgoing, this petiu‘on is dismissed, msexving liberty to the petitioner to take mcomse to the jurisdictional civil Court, if so advised. However, it is directed that no Coercive steps shall be taken against the petitioner for a pen‘od of two weeks. Thaku; ew