- (1.) The fifteen petitioners in this writ petition (the fifteenth petitioner is an association) question the similar orders of the Senior Divisional Commercial Manager, Eastern Railway, Howrah dated May 5th, 2005.
(2.) One of the orders reads as follows :- "Open Tender of cycle stand at Jaugram station. You were awarded the contract of running a cycle stand at Jaugram station in the year 1987 for a period of 3 years w.e.f. 1-3-1987 and the License fee was fixed @ Rs. 206/- per month. The period of contract has expired on 28-2-1990. However, you were allowed to run the said cycle stand after expiry of the said contractual period. The Railway Administration now have decided not to allow you to run the said cycle stand beyond 30th June, 2005 and you are advised to vacate the said cycle stand w.e.f. 1st July 2005. In the meantime open tender is going to be floated for licensing of cycle stand contract at Jaugram station and if you are interested, you can participate in the Open Tender."
(3.) It is argued that the orders are violative of Arts. 19 and 21 of the Constitution of India Counsel says that they are also violative of Art. 14 in that the unfair and unreasonable step was taken without any disclosed reason, and also without following the due process of law. His argument is that without initiating requisite proceedings the authorities were not empowered to decide to remove the persons concerned from the parts of the railway occupied by them on the strength of the respective licences granted by the authorities in the past. It is further argued that the policy decision sought to be put into use by the authorities is violative of Art. 14 of the Constitution of India. Counsel relies on a division bench decision of the Allahabad High Court dated March 23rd, 2005 given in Civil Misc. Writ Petition No. 475 of 2005 (reported in 2005 All LJ 2015) (A. H. Wheller and Company (P) Ltd. & Anr. v. Union of India & Ors.).;