IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF JANUARY 2019 BEFORE The Hon’ble Mr. Justice B. M. Shyam Prasad Writ Petition Nos.57986 & 58051/2018 (gm-res) BETWEEN :
1. SOUTH WESTERN RAILWAY CATERING CONTRACTORS ASSOCIATION (REGD.) NO.14, Y, 1st FLOOR, 16th MAIN 3rd BLOCK, RAJAJINAGAR, BANGALORE – 560 010 REPRESENTED BY ITS GEN. SECRETARY V.S.MANOGAR, SON OF LATE DS VITAL.
2. T. S. KHADEER AHMED SON OF LATE. T. S. ABDUL KHUDUS SAHIB LICENSEES OF BANGARPET RAILWAY CATERING STALL AND AUXILIARY STALLS RESIDING AT 20, ROBERTSON ROAD BANGALORE - 560 005.
... PETITIONERS (BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. SYED GHOUSE PASHA, ADVOCATE) AND:
1. THE UNION OF INDIA MINISTRY OF RAILWAYS, NEW DELHI-110001.
REPRESENTED BY ITS SECRETARY.
2. THE CHAIRMAN RAILWAY BOARD, NEW DELHI – 110 001.
3. THE GENERAL MANAGER SOUTH WESTERN RAILWAYS GADAG ROAD, HUBLI – 580 020.
4. THE SENIOR DIVISIONAL COMMERCIAL MANAGER SOUTH WESTERN RAILWAYS DIVISIONAL OFFICE, COMMERCIAL BRANCH, BANGALORE – 580 020.
... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT RAILWAYS TO CONSIDER THE REPRESENTATION DATED 30.09.2018 OF THE PETITIONER VIDE ANNEXURE-F AND DIRECT THE RESPONDENT RAILWAYS NOT TO EVICT THE P.2 FROM THE POSSESSION UNTIL DISPOSAL OF CIVIL APPEAL NO.7513/2005 IN TERM OF THE ORDER DTD. 31.7.2018 IN TRANSFER PETITION (CIVIL ) NO. 1362/2015 PASSED BY THE HON’BLE SUPREME COURT OF INDIA ARISING OUT OF WRIT PETITION NO.22965/2015 (GM-TEN) AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
Order These writ petitions are filed seeking a writ of mandamus directing the respondents – railway authorities to consider the petitioners’ representation dated 30.09.2018 as per Annexure-F.
2. Sri Jayakumar S. Patil, the learned Senior Counsel for the petitioners, places a memo on record stating that the railway authorities have assured the petitioners that they will consider the petitioners’ representation for renewal of the license. As such, the petitioners be permitted to withdraw the present writ petition with liberty to file a fresh writ petition in the event the railway authorities fail to consider the petitioners’ representation favourably for the petitioners.
3. The memo is taken on record. The writ petitions are disposed of as withdrawn with liberty to the petitioners to file fresh petition in the event the respondents-railway authorities fail to consider the petitioners’ representation dated 30.09.2018 (Annexure-F) favourably for the petitioners.
Sd/- Judge SA