ORAL ORDER
1. Today, Mr. Parikh, learned advocate, who has appeared in stead of Mr. Karnavat, learned advocate for the respondents-Union of India (railway authorities).
2. Mr. K.M Parikh, learned advocate for the respondents submitted that in furtherance of and in compliance of the statement, submission and stipulation on behalf of the respondents, the work to restore of status-quo ante (as regards the stalls demolished earlier) is in progress and it will be completed within 15 days.
3. Mr. A.M Parekh, learned advocate for the petitioners also acknowledged the fact that the authorities have already started the work to restore status-quo ante, and the petitioners await the completion of restoration work.
4. Learned advocate for the respondents reiterated the submission that in most of the cases, the matters are pending before the first authority i.e Estate Officer, and that therefore, the petitioners should defend the said cases before the concerned authority/Estate Officer, as the case may be and at this stage, the petition may not be entertained.
5. Mr. Parekh, learned advocate for the petitioners also conceded to the submission viz. that the proceedings are pending before the first authority/Estate Officer. He, however, clarified that in certain cases (i.e four cases) until now, any proceedings have not been even instituted inasmuch as any show-cause notice has not been issued.
6. Learned advocate for the respondents authority submitted that, if in any case, proceedings are not instituted and/or show cause notice under the said Act is not issued, then the authority will take action in accordance with law under the said Act and will not take action except in accordance with law under the said Act.
7. Learned advocate for the petitioners submitted that in all those cases where the proceedings are pending before the Estate Officer, the petitioners will defend the said cases in light of the facts of each case and file his reply.
8. The learned Counsel for the respondents authorities submitted that even in the cases, which are pending before the authority under the Act i.e Estate Officer under the Public Premises Act, the respondents shall act as per the final order in the proceedings under the Act and on the restoration of status-quo ante, the respondents shall maintain it until final order in the proceedings under the Act and then appropriate order as per final order will be taken.
9. Once the petitioners' work related to restoration of status-quo ante, as regards the stalls in question has commenced and is to be completed, the petitioners, at this stage, has no reason to prosecute the petitions since the petitioners would defend the cases before the Estate Officer.
10. In view of the said submission by learned advocate for respondents-Union of India (railway authorities) and the submission and statement made by learned advocate for the petitioner, present petition stands disposed of with following observations:-
(A) The respondent authorities are granted time until 06.10.2014 to complete the work related to restoration of status-quo ante, as regards stalls of the petitioners, which came to be removed/demolished, as claimed by the petitioners in the petition.
(B) The respondent authorities have already submitted that in pursuance of the assurance and undertaking given by the respondent authorities during previous hearing, appropriate action for restoration has already commenced.
(C) Thereafter, appropriate action may be taken as per final order by the authority under the Act and in accordance with law under the provisions of the Public Premises Act after following the procedure prescribed under the Act and competent authority shall act in accordance with and as per the provisions under the Act.
(D) In the cases in which show cause notices are already issued and matter is before the Estate Officer, it will be open to the petitioners to file appropriate reply, as he may be advised and raise all contentions, as may be available in law.
(E) The competent authority, will pass appropriate order in pending cases, in accordance with law and in light of the facts of the cases and after hearing the petitioners.
(F) After the Estate Officer passes appropriate order in accordance with law, it will be open to the aggrieved party to take out appropriate proceedings before the appellate authority.
(G) It is clarified that, as mentioned in the previous order, the work of restoration of status-quo ante neither creates any equity or any other right in favour of the petitioners nor does in any manner abridge or curtail contentions and rights of the respondent authorities to take appropriate action in accordance with law and in accordance with provisions of the Act. In previous order dated 05.09.2014, It is also clarified that:
“4. With the clarification that the restoration of status quo ante will not prejudice, in any manner, the defence of the respondent authority and the justification by the respondent authority in support of the action of not accepting the petitioner's request and/or in support of its decision impugned in the petition will be considered on merits on the next date of hearing and with further clarification that the fact that the respondent authority has restored the status quo ante will not stand in way of the respondent in raising all contentions available in law, time for restoration of status quo ante as requested for by learned advocate for the respondent is granted.
7. It is again clarified that the aforesaid restoration of statusquo ante is without prejudice to the rights and contentions of the respondent authority and it will not create any fresh or additional equity in favour of the petitioners.”
(H) In furtherance of the said observation and clarification of the previous order dated 05.09.2014, it is also clarified that the first authority/adjudicating authority i.e Estate Officer shall hear and decide the cases in accordance with law and in light of the material, which may be available before the concerned authority and independently without being influenced by previous action of the respondent authorities and/or the order passed in present proceedings, which came to be passed in view of the specific and peculiar facts and circumstances of the case.
In view of the aforesaid observations and in view of the fact that the respondent authorities have already commenced the work of restoration of status-quo ante so far as stall in question is concerned, learned advocate for the petitioners submitted that, at this stage, the petitioners do not press the petition and will defend/prosecute before the competent authority under the Act.
The respondent authority, shall, after restoration of status-quo ante as per their assurance, shall maintain it until final order by the authority and then shall act as per final order and in accordance with the Act and as per the statements, assurances and stipulations made at the time of hearing by learned advocate under the instructions from concerned authority.
With the aforesaid observations, present petitions stand disposed of, as withdrawn. Direct service is permitted.