c •l^l .^\ IN THE HIGH CQURT _OF CHHATTISGARH AT BILASPOR. Wrlt Petttion No. 1~S^^ /2002 . PETITIONER (^ .Xi^' .;.-<^^'" ^"y^w" '^"-' ^ RESPONDENTS .^^tu •v'r .^' ^^ \cr ^\ ^ .V6<v ^v Ram Singh Yadav s/o Late dfcirwan Yadav, aged about 45 years> r/o Basera Colony» Bhartl Nagar. Bilaspur,C«G. Contractor of Railways Cycle Sfcand No. 1, at Railway Station of Soath Eastern Railway, Bllaspur^ C.G. V E R S U S. ^l • Union of Indi.a» through the General Maxiager^ South Eastern Railway» Gardenreach, Calcutta- 43. 2» Divisional Railway Manager» South Eastern Railway, DRM- Offj.ee· Railway Settlement, Bilaspur, C»G» 3. senior Divislonal Coramercial Manager^ South Eastern Railway, Sr^ DCM-Office, Railway Settle- ment, Bilaspur» C^G^ WR3T PETITION UNDER ARTICLE 226/227 OF THE CONSTrTUTION OF INDIA. HIGH COURT OF CHHATTISGARH. BILJISPUR W.P. No. 1524/2002 Raoi Siagh Yadav Vs. Union of India & oth.ers AND W.P.No. 1525/2002 Ramesh Das Maaikpuri Vs. Union of India & otih.ei's AND W.P. No. 1625/2002 Smya Pi'atap Singh Vs. Union of India & others ORDBR By Justice Fakhruddin. These thrce writ petitions No. 1524/2002, 1525/2002 aad 1625/2002 since involve same questions are being disposed ofby conmion order. 2. These inatters were heard at lengfh on 24.7.2003. 3. Counsel for the parties addressed on the earlier dates of hearing aad today as weU. 4, It is subfliitted tliat RaUway Authoritlcs iacluding Sliri H,S, Bajwa, D.C.M. (Co-ordiaate) are present aad as directed fhey have brought thc ox^uial rccord. Thc railway niap/plaii for inodcl station, filed by tlie respondents pei'used, miitiiirr^ft'-"--^ .--- T— W} 5, The petitions relate to contract of Railway Cycle stand/Scooter staad. The period ofcontract, it is not disputed, has expired aad fresh teuders have been caUed upon for Bilaspur Division Staad No, 1 and tenders for BUaspm' Staad No. 2 and Durg have to be called, which it is stated is at the final stage. 6. The basic idea is fhat ttie Railway Cycle stand aad tb.e Scooter staad shouid properly be mao.aged. 'l'he rate, which is charged, should be prescribed one aad not extra aad the conditions should be proper aad fhe coBimuters should have no difi&culties, Proper notices on board in conspicuous place apprising tlic public bc dlsplayed ia evciy cyclc stand prcscribiag thc rates of cach vcliiclc which is to bc chargcd iEcoin. tlic. custonicrs. In casc of an-y coinplatat in this rcgard, thc Vigilance Officer or the Station Supermtendent couceraed as deenied fit aad proper in this regard, to deal with it firmly, 7. It is siibmiitted by Shri Viaay Harit aad Shri P.S. Koshy, counsel for the Raihvay Administra.tion that keepiag aJl fhese factors in.to consideration they have iacorporated certaia additional tenns ^nd conditions for the welfare of^ll parties. 8. In view of the facts and cu'cumstaaces aad the statement made by counsel for fhe parties, fhe position, which has been enierged, is that Bilaspur Uivision stand No.1 tender has been finalized, The tenders for Bilaspur staad No. 2 aad Drug, which have to be jBLaaIized, are at fhe fiiial stage, 9. Counsel for the petitioners submits tliat so far as fhe tenders rciuaiu lo fiuaUze. aie couceiiied, tliey uiay be allowed to paitlcipate subject to fulfillnient of tlie conditions iaiposed ia fhLe coiitract, It is subiiiit.ted|rcgarduig coniplaiiite fUed on record of fhis case by the respondents, tf fhey are to be reUed upon, opportiuiity of ex-post-facto hearing if required may be given ia case those com.plauits are nslled upon by the Rallways authorities for disqualifyuig fhem. It has also been poiated out that tlie petitioner m W.P. No. 1625/2002 has not paid licence fees to the Railway Administt'ation atter tilirsg the petition. If that be so, he is directed to clear all the dues and obtaia receipts tliereof tmraediately. 10. In view offhe directions aad observations made heremabove, these petitions are disposed of accordiagly, Fakhruddin Judge 08-8-2003 Vatti/- ^