IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10013 of 2011 Smt.Tara Devi, wife of Late Kanhaiya Lal, resident of Near Ekka Stand Khagaul, P.S. – Khagaul, District – Patna………………………………………………….Petitioner. Versus 1. The Union of India through the General Manager, East Central Railway, having office at Hajipur, District Vaishali. 2. Divisional Rail Manager, East Central Railway, Danapur, District Patna. 3. Divisional Engineer (Head Quarter) Danapur Division, East Central Railway, Danapur, District-Patna. 4. Divisional Engineer-3, Danapur Division, East Central Railway, Danapur, District-Patna………………………….Respondents. For the petitioner : Mr. Awadh Bihari Ojha, Advocate. For the respondents : Dr. Kumar Uday Pratap, Advocate. ----------- 02/ 07.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents-East Central Railway and its authorities. 2. This writ petition has been filed by the petitioner challenging order dated 25.05.2011 (Annexure-1) passed by the Divisional Engineer (Head Quarter), Danapur (respondent no.3) and also for restraining the respondents from ejecting the petitioner from her shop running in Pucca structure constructed by the petitioner over the railway land and for other ancillary reliefs. 3. From the arguments of learned counsel for the parties as well as from the materials on records, it is quite apparent that licence for running the shop had been granted by the respondent authorities to the petitioner and she had been running her shop therein since decades and had been paying licence fee till the period March, 2012 (Annexure-3) and the - 2 - authorities had accepted the same, but by the impugned order the said authorities had cancelled the said licence informing the petitioner that the railway had its own requirement for the said land and accordingly the petitioner was directed to vacate the premises. The grievance of the petitioner is that no genuine requirement has been shown by the authorities in the impugned order nor any provision for petitioner’s rehabilitation is made by them. 4. Considering the facts and circumstances of the case, this writ petition is disposed of with a liberty to the petitioner to raise her entire grievances before the Divisional Rail Manager, East Central Railway, Danapur (respondent no.2). If such an application is filed by the petitioner before the said authority within 15 days from today along with a copy of this order, the said authority shall decide the same by a speaking order in accordance with law within two months thereafter. Till then, the authorities are restrained from evicting the petitioner from the shop in question. Harish (S.N. Hussain, J.)