Satyabrata Sinha, J. - (1.) The two writ petitioners filed the writ application claiming, inter alia, the following reliefs:- "(a)...A writ and/or in the nature of Mandamus do issue commanding the respondents, each one of them, their men, agents servants and sub-ordinates to forbear from taking any steps to remove the petitioners from their stalls and/or to demolish the stalls of the petitioners being Cigarette Stall No. 3 and Cold Drinks Stall No. 9 situate on the North Wing of the Howrah Station Platform. (b) ...A writ of and/or in the nature of Mandamus do issue commanding the respondents, each one of them, their men, agents, servants and sub-ordinates to forbear from acting or further acting, from giving effect to or further effect, taking any step or further steps on the basis of any decision taken and/or notice issued to remove the petitioners from their stalls and/or to demolish the stalls of the petitioners being Cigarette Stall No. 3 and Cold Drinks Stall No. 9 situate on the North Wing of the Howrah Station Platform."
(2.) The petitioners are admittedly Commission Vendors; the petitioner No. 1 being a Commission Vendor for Cigarette Stall No. 3 whereas the petitioner No. 2 is a Commission Vendor for Cold Drinks Stall No. 9. It has wrongly been stated in the writ application that the petitioners are licensees.
(3.) After filing of the affidavit-in-opposition it stands admitted that the Stalls in question belong to the Railway Authorities. In its affidavit-in- opposition the Railway Authorities clearly stated that in view of the increase in passengers at Howrah Railway Station from 4 lakhs/5 lakhs to 10 lakhs during last five years, a more spacious circulating area is required as thus it become necessary for the users of the Howrah Railway Station as part of passenger amenity for that the stalls be relocated. It is further stated that the said stalls were constructed many years back when no food or snacks were available around Howrah Railway Station and, thus the authorities operated their own stalls through Commission Agents.;