IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12174 of 2009 KOLESHWAR PASWAN with CWJC No.12178 of 2009 GEETA KUMARI Versus THE UNION OF INDIA & ORS ----------- 2 16.09.2009. Both writ petitions are taken up together. Petitioners were allotted space for operating STD/ISD/PCO booth (in short the booth) at Gaya Railways platforms for five years, which were to be expired on 31.12.2008. However they had been allowed to operate the booths for further period on payment of certain licence fee for period 2009-10, which was to expire on 31.3.2010. In the meantime, respondents verbally asked them to stop operating the booths against which they moved this court in C.W.J.C. numbers 7233 & 7457 of 2009 which were disposed of by a common order dated 6.7.2009 with liberty to petitioners to move respondent no. 4, the Senior Divisional Commercial Manager, East Central Railway, Mughalsarai for redressal of their grievances. The petitioners state that respondent no.3, the Divisional Railway Manager, East Central Railway, Mughalsarai rejected petitioners’ representation vide order dated 23.7.2009 contained in annexure 1 holding that as there was no fresh agreement with the petitioners, so they could not continue with the operation of the booths. Learned counsel appearing for the Railways states that at - 2 - the best petitioners would be entitled to refund of proportionate licence fee deposited by them for financial year 2009-10, which was to expire on 31.3.2010. He further submits that fresh tender has been issued, and if so desired, petitioners may participate in the same. After hearing the parties, this Court does not find any sufficient ground for interfering with order dated 3.7.2009 for the reasons mentioned therein. It will be open to the petitioners to participate in tender. It goes without saying that respondents would not stop the petitioners from operating the booths at the railway station at Gaya till finalization of fresh tender in this regard, keeping in view passengers inconvenience. Once the tender is finalized, petitioners would vacate the space forthwith. The writ petitions stand disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J.)