1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2380 OF 2008 Smt.V.J.D’souza & anr. .. Petitioners Vs. Divisional Railway Manager (Commercial) Divisional Office and Ors. .. Respondents Mr.U.P.Warunjikar i/b Mr.Rohin Panya for the petitioner Mr.Suresh Kumar for the respondents CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & A.A.SAYED, JJ A.A.SAYED, JJ A.A.SAYED, JJ. DATED : 4TH APRIL, 2008 DATED : 4TH APRIL, 2008 DATED : 4TH APRIL, 2008 P.C.: 1. Not on board. Mentioned at 3.00 p.m. 2. Heard the learned counsel for the parties. 3. The petitioners have approached this court seeking directions that the respondents should not implement or take any action in pursuance of the 2 letters/notices dated 06.01.08 and 29.02.08 and that the same may be quashed and set aside and further that the respondents be restrained from taking any action against the petitioners pending the writ petition and finalization / regularisation of the application for transfer of the PCO in the name of the petitioners. 4. It is the case of the petitioners that they are the legal heirs of the handicap person who was allotted the PCO under the special quota meant for physically challenged persons and that they have a right to continue to operate the PCO on expiry of the said person and for which already a representation was made prior to the death of the person to whom it was actually allotted. 5. On the other hand, the learned counsel for the Railways submitted that the term of allotment was initially for three years which was subject to renewal for further three years and that having expired no right exists in favour of the petitioner. 3 6. In view of the facts and circumstances, it will be proper that the respondents Railways take a decision in the matter of representation made by the petitioners for regularisation / transfer of PCO booth in accordance with the rules within a period of 4 weeks. 7. We are informed that the PCO booth is already closed. In case the Railways reject the representation of the petitioners, they will be at liberty to re-advertise the PCO for fresh allotment. Petition stands disposed of accordingly. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J )