High Court · 2025

Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in nature of WRIT oF MANDAMUS the directing the 2nd respondent to consider the representations daled 04.07 .2024, 14.08.2024 and 11 .03.2025, of the petitioner, made to the 2nd respondent and pass the appropriate orders in accordance with law, and directing the 2nd respondent not to take coercive steps against the petitioner for non payment of full amount of license fee, for the next quarters, till the consideration of the said representations of the petitioner, by declaring the inaction of the 2nd 'respondent on the said representations of the petitioner is highly unjust arbitrary and violative of articles of 14 and 21 of the constitutaon of lndia and pass appropriate orders in accordance with law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to :onsider the representations dated 04.07.2Oi14 14.O8.2O24 and 11.03.2025 of the petitioner for reducement of license fee and for non- collection of GST, as mentioned in the said representations re,lating to the Licensee of the petit oner for operation and maintenance of toilets a nd bathrooms in KSR Bengaluru city railway station, and directing the 2nd respondent not to take coercive steps against the petitioner for non payment of full amount of license fee, for the next quarters till the consideration of the said- representations of the petitioner and passing c,f orders thereon, by the 2nd respondent. Counsel for the Petitioner: SRI G.RAMACHANDRA RAJU Counsel for the Respondents: SRI V.T.KALYAN, SC FOR CENTRAI_ GOVT. The Court made the following: ORDER wri/ THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR W'RIT PETITION No.13451 of 2025 ORDER: Heard learned counsel for the petitioner and Sri.V.T,Ka1yan, learned standing counsel appealir-rg for respondent Nos.1 and 2. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself. 2 This writ petition has been filed seeking the following prayer:- "to direct the 2)xt respondent to cottsider the representations dated 04.07.2024, 14.08.2024 and 11.03.2025, of the petitioner made t0 the 2'd respontlent nrLtl prtss the nppropiate orders in accordance ruith ittrt, and tlilrecting lhc 2"d respondent not to take rnercitte steps against the petitioner foi non pnyment of ft t anount of license fee, for the next 'quarters,'titl tlu cinsideration ol the said representations of the petitioner, by LlecLnring the inaction of the 2"d respondent.on the said 'representations of the petitioner is highly uniust, arb,itraty and tiotatiae of nrticlc.s of 14 tnd 2't of tha constitution of India antl pass appropriate orfurs in nccordance uith luo."

3. Brief facts in this writ petition are that petitionel claims that he vras granted licence for operation and maintenance of pay and use toilets at KSR Bengaluru City Railway Station for a period of 3 years, on payment of annual license fee of a sum ol Rs.84,00,000/-. The said agreement was executed and signed at Hyderabad through online. Further case is that though the petitioner was granted Iicense fol operation and maintenance of pay and use toiiets on several platforms including platform No.1 in at KSR Bengaluru City Railway Station and inspite of collecting full amount of license fee from the 2 petitioner, thc respondent No.2 did not hand over the toilets ard cathroom on the platform lrlo. I at KSR Bengaluru City Railwav Station. Hence, the petitioner on 04.a7.2024, 14.08.2024 and 11.03.2025 made reprcsentations and requested respondcnt No.2 to rcduce the license fee proporti.tnate to the toilets of platforr \o.1 and to refund the excess amount of ricen,;e fee corect from the petition.:. a^d further requested not to collcct GST, however, the said representa tic,trs are still pe.di^g for co.sideraLio.. Aggri.rved by the same, this writ pe'ition is filed.

4. Lcarned starLdi.g counsei appearing for responclcrts submrts that sincc the responde.t N..2 is the Serrior Di'isioual Contrnercial NIar ager, South western Railwal , Be,gururu Division, Bengaruru, this Court has r ro territorial jurisdiction to dcc jc e tl-re matter.

5. Lcarnec'l r:ct.sel for the pretitioncr submits that this ( rour.t while dealing with Lhc issue of territorial jurisclictio^, passccl an i,ter m order in W.P.No.24438 of 2024 dated 11.09.2024, rclevanr nortion i.; extracted hereunder:- :.xercised. .Llrr suhnitted thnt as per Article 226(2) of t.\e ".....It is lu l.onsltlulio'1 ,'[ ltrdio, the po,rtr ronferrcd by clau,c tlt lo iss,t? dtrectrctrc, it 4"r5 or tt)rits to any Gotsernment, authority or pcrst)n may also be by any High Court etercising jurTsdiction ;n reLation. to tht territories within tohich the cause of ic'tion, zuholly ,.tr in pnrt, nri::c, for thc exercise oi suclL pottter, nohoithstnntling ih tt tht scat o.f ,;uch Goaernment or nuthority or the resirlence oj su:h person is uttt ltithin those territories. Therefore, as the petitiotLcr rc the resident t I Hyderabad and retrittetl nmounts Ji.otn HtlLlernba,i, thtl Co.urt i:i itnring jurisdictiotr to maintain tfu zt rit petifion. Pending tt,u tt.it tntion,of the nfiiresairl issnes, the opcrttion of t)e tmpugned tt t tnnliol leller dntrd 27.0g.2024 issttei bt1 rt,.,fondct,t No.2, slutl be suspended tilL tle next date of heoring.,, '' ' 3 Learned counsel for the petitioner further reskicts his prayer seeking a 6. direction to respondent authorities to dispose the petitioner's rePresentations dated 04 07 202 4, 1'4 0B 2l24ancl 11 03 2025' in a time bound period'

7. At this stagc, Icarned standing counsel appearing for respondents submits that appropriate orders be Passed in this writ petition' rn view of thc submrssion made by learned counsel appearing on either g. side and without exPressing any opinion on the merits of the case' this writ petition is disposecl of directing the responrient authorities to dispose the petitioner's represctltations dated 04 07 202 4' 1'4 OB'2024 and 11'03 2025 and after giving fair opportunity of hearing to the petitioner' the responded authorities shall pass appropriate orders strictly in accordance with law' as expeditiously as possible' preferably within a period of three (03) weeks from the date of receipt of copy of ihis order and comrnunicate the same to the petitioner

9. Accordingly this writ Petitron disposed of. Miscellaneous 1s lications, if anY Pencling' sha1l stand closed' order as to costs' D/- s. KARJ U NA RAO ASS STANT REGISTRAR s /,TRUE COPY,, SECTION OFFICER RailwaYs, New ',. an" Principal Secretary' union of lndia' Ministry of I Delhi Senior DivisionaI Commercial Manag er, S Div isron, Division al Office, Commerct al Branch, Beng aluru. One CC to SRI C. RAMACHAN DRA RAJ U, Advocate OPUC One CC to SRI V iwo CD CoPies T.KALYAN, SC FOR CENTRALGOW. to ucl I P t outh Western RailwaY' Bengaluru 2

3. 4 5 PSK. PSK w \- I I I I l i , I t HIGH COURT DATED:2910412025 ORDER WP.No.13451 ot 2025 CC TODAY --= 5-i!,1 L { n 1$ Nr\ \ff C) -* : ,. .j 't., -1",t, \-r[r:,' - -*-_:::::-- ;--' DISPOSING OF THE WRIT PETITION WITHOUT COSTS