- (1.) HEARD learned counsel for the petitioner.
(2.) ALTHOUGH earlier time was granted to the counsel for the respondents to bring on record the documents, but no supplementary counter affidavit has been filed till date by the respondents. This writ petitioner has moved this court for quashing the order dated 13.4.2004 passed by the Respondent No.3 Sr. Divisional Commercial Manager, Eastern Railway, Howrah whereby the representation of the petitioner for transfer of license in place of her deceased husband -licensee, has been refused.
(3.) ON the basis of the averment made in the writ petition, it is submitted on behalf of the petitioner that petitioner's husband was allotted Commercial Plot No. B at K.P. Siding, Pakur by the respondent authorities vide letter dated 25.2.1984 for stacking of stone materials which will be carried by railway wagon. Petitioner's husband continued to carry out the work of the stacking of stone materials over the said allotted plot. However, on his death the petitioner also continued over the said plot as per the Annexure -4, certificate issued by the Goods Shed Superintendent (In -charge), Eastern Railway, Pakur. Petitioner, thereafter, applied for transfer of license of the said commercial plot in her name. On the basis of the Annexure -6, it is submitted that there were no other railway dues lying against her husband and request has been once again repeated vide letter dated 15.1.2001 (Annexure -7). However, no decision was being taken. Petitioner moved this Court in W.P.(C). No. 3250 of 2002, which was disposed of on 13.6.2002 without going into the merit of the contention of the petitioner and without expressing opinion while directing the respondent to dispose of the representation of the petitioner relating to her grievances within a period of six weeks. Thereafter, order was passed by the respondent vide order dated 17.12.2003 (Annexure -14) whereby the claim of the petitioner was rejected on the ground that petitioner had failed to submit certain original papers. Petitioner, thereafter, once again moved this Court in W.P.(C) No. 1091 of 2004 stating that she has submitted the required documents before the authorities, even then her representation was rejected vide order dated 17.12.2003 on the ground of non -submission of those documents. The said writ petition was disposed of on 26.2.2004 directing the petitioner to submit original as well as attested copies of the four documents mentioned in the said order dated 17.12.2003 before the respondent no. 3 within a period of four weeks. Thereafter, the respondents were directed to pass a reasoned order on representation of the petitioner in accordance with law. This Court observed that it had not gone into the merit of the case.;