AYUB WALI KHAN Vs. UNION OF INDIA SECY

JUDGEMENT

(1.) THE petitioners seek to challenge a tender notice issued by the Senior Divisional Commercial Manager, Northern Railway, district Moradabad by which bids have been invited upto 25 March 2014 for the allotment of refreshment rooms at four Railway Stations. Of them, the subject matter of the petition is the Hapur railway station, which is listed as a Category 'A' Station. The petitioners seek a mandamus directing the Senior Divisional Commercial Manager, Northern Railway to transfer the earlier licence which was held by their mother in their favour.

(2.) WE have heard learned counsel for the petitioners, Sri Tarun Verma and Sri Sudhir Bharti, learned counsel appearing for the respondents.

(3.) INITIALLY , the father of the petitioners and after his lifetime, the mother of the petitioners held a licence for conducting a refreshment room at Hapur Railway Station. An earlier writ petition was filed before this Court by the second petitioner to challenge an order dated 14 May 2013 issued by the Station Superintendent directing the closure of the refreshment room which was conducted by the petitioners' mother, who had, in the meantime, died on 23 April 2013. The Division Bench in its order dated 27 May 2013 recorded the statement in the counter that the contract of the mother of the petitioners in respect of the refreshment room had come to an end on 14 May 2005 and moreover, the kitchen was found to be in a very filthy and unhygienic condition. In the mean time, following a joint surprise check by the team of officials of CBI, ACB Ghaziabad together with the officials of the Vigilance Department of the Northern Railway, a First Information Report was lodged.