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Patna High Court – Orders
Subansh Kumar & Ors vs The Union Of India & Ors on 23 August, 2011
                       Civil Writ Jurisdiction Case No.13768 of 2011
                                   Subansh Kumar & Ors
                                 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.)

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