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Devendra Nath Tripathi v. Union Of India & Others - WRIT - C No. 17284 of 2007 [2007] RD-AH 5931 (3 April 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

This writ petition has been filed for quashing the advertisement dated 9th March, 2007 issued by the Railways for appointing agents for sale of Railway tickets on commission basis.

It has been stated in the petition that initially the petitioner had been appointed as a Commission Agent for sale of tickets at Halt Station, Kauria Jangle for a period from 25th April, 2001 to 24th April, 2004 but after that the petitioner has continued as such without there being any express agreement with the Railways. Earlier an advertisement was issued on 1st September, 2005 for appointment of Commission Agents but the matter was not processed even though the petitioner had submitted an application but this time the advertisement has been issued only for some Stations.

The petitioner contends that though he has submitted an application pursuant to the aforesaid advertisement but as the advertisement has not been issued for appointment of agents for all the Railway Stations, the advertisement is arbitrary and unfair and should be quashed.

We have heard learned counsel for the petitioner and Sri Govind Saran learned counsel who has appeared for the respondents.

The Railways have issued the advertisement for appointment of Commission Agents for sale of tickets for Stations including Halt Station, Kauria Jangle. The last agreement that had been executed by the Railways with the petitioner expired on 24th April, 2004. In such a situation, it cannot be contended that the advertisement now issued by the Railways for appointment of the agents for selling the tickets suffers from any infirmity. The petitioner has already applied and the advertisement cannot be quashed merely on the ground that the Railways have not advertised for some other Railway Stations.

There is, therefore, no merit in this petition. It is, accordingly, dismissed.    

Date: 3.4.2007



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