DAYA SHANKER MISHRA Vs. UNION OF INDIA AND OTHERS
LAWS(ALL)-2018-3-50
HIGH COURT OF ALLAHABAD
Decided on March 07,2018

DAYA SHANKER MISHRA Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

- (1.) Called in revise. None appeared to press this writ petition. In the circumstances, we ourselves have perused the record.
(2.) By means of present writ petition, petitioner has sought following reliefs: "1. That the Hon'ble Court may be pleased to pass an order/direction in the nature of mandamus, prohibiting/restraining/forbidding the respondents i.e. Department of Railways/Ministry of Railways as also their colleagues, subordinate officers and officials concerned from realising safety surcharge with sleeper reservation charge from the passengers. 2. That the Hon'ble Court may be pleased to pass an order/direction, in the nature of mandamus, prohibiting/restraining/forbidding the respondents i.e. Department of Railways/Ministry of Railways as also their colleagues, authority, officers and officials concerned from realising the amount for reservation of sleeper birth from RAC passengers in the reserved coaches of sleeper class. 3. That the Hon'ble Court may be pleased to pass an order/direction in the nature of mandamus directing the respondents i.e. the Department of Railways/Ministry of Railways, their colleagues and all their subordinate officers and officials to ensure that all the trains reach their destinations in a regular, timely and hassle-free manner and also to ensure facilities to the general passengers. 4. That the Hon'ble Court may be pleased to pass an order/direction in the nature of mandamus directing the respondents as also their colleagues and all their subordinate officers and officials to take reservation charge/fee from the passengers in case reservation is available in sleeper class, and in case no reservation is available to allow them to continue to travel with second class tickets and to enlighten them about their rights. 5. That the Hon'ble Court may be pleased to pass an order/direction in the nature of mandamus directing the respondents as also their colleagues and all their subordinate officers and officials to ensure standard catering for the passengers at fair prices in trains and at platforms; to maintain proper cleanliness at platforms, second class waiting rooms and in toilets; to properly clean and maintain the taps of drinking water for the passengers and to ensure availability of cold water in sufficient quantities at main railway stations. 6. That the Hon'ble Court may be pleased to pass an order/direction in the nature of mandamus directing the respondents as also their colleagues and all their subordinate officers and officials to prohibit/restrain, with immediate effect, the businessmen and traders from carrying articles illegally in the bags and bundles in passenger coaches of the trains, be they express, mail or superfast trains; and the illegal vendors from selling of packed foods and other materials in the coaches which are not only sub-standard but are also injurious to health; and the anti-social elements from forcibly exacting money from the passengers. 7. That the Hon'ble Court may be pleased to pass an order/direction in the nature of mandamus directing the respondents as also their colleagues and all their subordinate officers and officials to immediately establish/open/operate counter(s) at Hon'ble High Court at Allahabad and its bench at Lucknow for providing train tickets and reservation. 8. That the Hon'ble Court may be pleased to pass an order/ direction in the nature of mandamus, prohibiting/restraining/forbidding the respondents as also their colleagues, subordinate officers and officials and agents from realising charges from the passengers using toilets, bathrooms, etc constructed at platforms and in second class waiting halls. 9. That the Hon'ble Court may be pleased to pass an order/ direction in the nature of mandamus directing the respondents as also their colleagues, subordinate officers and officials to issue Monthly / Quarterly Seasonal Ticket (M.S.T./ Q.S.T.) on the demands of the passengers travelling up to 500 km. 10. That the Hon'ble Court, in the event of the passengers having wait-listed tickets going up to, or beyond, the capacity of a coach, may be pleased to pass an order/ direction, in the nature of mandamus, directing the respondents as also their colleagues, subordinate officers and officials to attach an extra coach to the same train or to the train departing immediately after it so as to facilitate such passengers to reach the destination. 11. That the Hon'ble Court may be pleased to pass an order/ direction, in the nature of mandamus, directing the respondents as also their colleagues, subordinate officers and officials to remove several operational improprieties/ irregularities prevailing in the Department of Railways; to ensure standard catering to the passengers at proper rates; to absolutely check, restrict and ban the unauthorised vendors from illegally selling duplicate and sub-standard eatables and other items at platforms and in trains; and to uproot all these problems by taking concrete, pragmatic and regular action."
(3.) We ourselves have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.;


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