SAW-632/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH *** D.B.CIVIL SPECIAL APPEAL (WRIT)NO.632/2010. IN S.B.CIVIL WRIT PETITION NO. 131/2010 Khurshid Ahmed Vs. The Divisional Railway Manager, Northern Western Railway, Jaipur & ors. DATE OF ORDER : 22/11/2010 HON'BLE THE ACTING CHIEF JUSTICE MR.ARUN MISHRA HON'BLE MR. JUSTICE DALIP SINGH *** Mr.Azad Ahmed, for appellant Mr.Manish Sharma ] Mr.Alok Garg ] Mr.Santosh Srivastava for ], for respondents Mr.Shailesh Prakash ] It is not in dispute that case of the present appellant is different than the petitioners in other writ petitions which were decided by the learned Single Bench by common order dt. 05/10/2010. The grievance of the appellant was that he wanted possession of the stalls which were allotted to him but the possession has not been given to him so far. Counsel appearing on behalf of the appellant has relied upon decision of the Apex Court rendered in the matter. Rs.30 lacs paid by the appellant are stated to be deposited with the respondents. However, the appellant is not being allowed to continue the catering operation until and unless the new SAW-632/2010 2 catering policy comes into operation by the respondents. Since the matter has been decided only on the aspect that the new catering policy has been framed and the prayer made in the writ application was to continue catering operation till the new catering policy is introduced by the respondents, the facts of the instant case are different which is not in dispute. Consequently, we set aside the order passed by the learned Single Bench dt. 05/10/2010 so far as the present appellant is concerned and request the learned Single Bench to take up the matter separately and decide it in accordance with law. No costs. The Special Appeal stands disposed of. [DALIP SINGH], J. (ARUN MISHRA),ACTG.CJ. Raghu/p.2/632-SAW-2010-Final.doc