IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13768 of 2011 Subansh Kumar & Ors Versus The Union Of India & Ors ----------------------------------
03/ 23.08.2011 From the office note dated 19.08.2011 as well as the
slip of the Joint Registrar General (List & Computer) dated
17.08.2011, it is apparent that this writ petition, which was bearing
token no. 13228/2011, was filed on 10.08.2011, but the stamp report
was not done for a week and on 17.08.2011 stamp report was made, in
which defect no. (c) was found, which was removed by learned
counsel for the petitioner on 18.08.2011, whereafter on 19.08.2011 it
was sent for listing.
2. However, in the explanation given by the Section
Officer of Centralised Filing Section, it has not been explained as to
how the delay had occurred from 10.08.2011 till 17.08.2011. Hence
he has not complied the order of this Court dated 19.08.2011. Now the
said Section Officer is directed to submit his explanation regarding
the said delay and his ignorance, which must be submitted within one
3. This writ petition has been filed by the petitioners for
quashing advertisement dated 16.07.2011 published in Hindi daily,
namely, “Dainik Jagran” by the Divisional Railway Manager
(Commercial), East Central Railway, Danapur for appointment of
Halt Contractors .
4. Learned counsel for the petitioners submits that the
petitioners had already been selected earlier for the same purpose and
were appointed as Halt Contractors and are continuing the said work
and are also getting commission from the Railway till the date, but
without cancelling their appointment, without any allegation raised by
any one and without any notice or information to them, the impugned
advertisement has been issued.
5. Learned counsel for the respondents prays for three
weeks’ time to seek instructions and file counter affidavit.
6. Put up this case on 13.09.2011 under the heading
`Admission’ in regular course.
7. Till further orders, no appointment of Halt
Contractors shall be made by respondent-authorities on the basis of
the impugned advertisement dated 16.07.2011 (Annexure 4).
MPS/ (S.N.Hussain, J.)