High Court Jharkhand High Court

Sanjeev Kumar Bhattacharya vs Union Of India & Ors on 24 June, 2010

Jharkhand High Court
Sanjeev Kumar Bhattacharya vs Union Of India & Ors on 24 June, 2010
           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W. P. (C) No. 1666 of 2010
                              ---
           Sanjeev Kumar Bhattacharya                    ...  Petitioner
                                  Versus
           The Union of India and others                 ...    Respondents
                              ---
           CORAM        : HONBLE MR. JUSTICE R. K. MERATHIA
                              ---
           For the Petitioner        : M/s. S. K. Keshrari & Amar Kr. Gupta
           For the Respondents       : J.C. to Mr. R. N. Roy
                              ---

2. 24.06.2010

: Counsel for the petitioner submitted that no order has been
passed on the representation of petitioner for substitution of his
name in the license granted in favour of his father. He further
submitted that from the certificate of the Circle Officer, it will
appear that petitioner and his two brothers are the only heirs and
the brothers of petitioner have given no objection by filing
affidavit.

Counsel for the respondents submitted that in the absence
of counter affidavit he is not in a position to accept or controvert
the averments made in this writ petition. However, he submitted
that if the petitioner’s representation is pending, orders will be
passed on the same.

In the circumstances, the petitioner is permitted to make a
fresh representation before the Divisional Railway Manager,
Hatia, South Eastern Railway, Ranchi, Jharkhand (Respondent
No. 5). If the respondent No. 5 is satisfied that the petitioner’s
name can be substituted in the license, he will pass necessary
orders in that regard. If the respondent No. 5 finds that the prayer
of petitioner cannot be allowed, he will communicate the reasons
to the petitioner. This exercise should be completed within four
weeks from the date of receipt of such representation.

It is made clear that this Court has not gone into the merits
of this case.

With these observations and directions, this writ petition is
disposed of.

     MK                                                 (R. K. Merathia, J.)