- (1.) THE petitioner in this WP under art.226 of the Constitution of India dated January 3, 2013 is questioning a decision of Eastern Railway, Howrah Division dated December 18, 2012 (WP p.50).
(2.) THE impugned decision was given dealing with the petitioner's prayer for "extension of leasing contract of 4.0 tonne R/SLR by train no.12345 UP (Saraighat Exp) for a further period of 02 more years."
(3.) THE relevant parts of the decision dated December 18, 2012 are quoted below: - "In terms of Railway Board's FM Circular No. 16 of 2012 Dt 27.7.2012 , your appeal under reference is regretted by the Competent Divisional Authority. The rellvent Para of FM Circular no. 16 of 2012 Dt 27.7.2012 states as under: "The Zonal Railway shall not extend/renew the contract of existing leaseholders beyond the contractual period. The Zonal Railways should intimate the timely action and process for fresh tenders well before expiry of the existing contracts to avoid extension of contracts." A copy of the lease agreement under which the extension was sought is at p.31 of the WP. It is submitted that the term of the lease is due to expire today. Clause 20 of the lease agreement provided for extension of the term of the lease. The petitioner submitted an application dated December 10, 2012 requesting the Railway to extend the term of the lease.;