IN THE SUPREME COURT OF INDIA

[CIVIL WRIT JURISDICTION]

WRIT PETITION (CIVIL)(PIL)  No. ___9453___of 2011

IN THE MATTER OF:

Abhishek Kadyan                                         … Petitioner

                                               

//Versus// 

Union of India & Ors.                               …Respondents

                                   

                

                                 

                                         

                                         PAPER BOOK

                (FOR DETAILED INDEX PLEASE SEE INSIDE)

[ADVOCATE FOR THE PETITIONER:-                                 

                       

                   INDEX

Serial No

   Particular of Documents  

Page  Nos.

1

Listing Performa

A to B

2.

List of Dates

C1 to C2  

3.

Writ Petition (Civil) with affidavits

1-

4.

ANNEXURE-P/1:: Typed Copy of  Reply of RTI dated      17.1.2011 received from the SP, Hisar

 

5.

Annexure P/2- Copy of Email sent to the President of India and ors, dated 17.3.2011

**************

                                             


LIST OF DATES  & EVENTS              

That this is a public interest litigation under Article 32 of the Constitution of India, praying for the restitution of the public transport (Rail)  in the State of UP and State of Haryana.

May, June 2008, 2009, 2010

Sept 2010

17.1.2011

March 5, 2011

13.3.11

14.3.11

16.3.11

17.3.11

17.3.2011

18.3.11

18.3.11

The facts and circumstances leading to the filing of the present Public Interest Litigation are being detailed hereunder:

The Gurjar caste had been blocked the railway track and road transport in the state of Rajasthan and supported by the Gurjar of Haryana and Uttar Pradesh.

The Jat community has protested in the Hisar district of Haryana and other districts of Haryana and made huge loss to the public properties.

 Reply received by the father of Petitioner of RTI of progress of pending cases in Jat agitation in the district of Hisar ( Haryana) (Annexure P1)

The community of Jat has been blocked the railway track of Delhi to Gaziabad & Muradabad for the Jat

 reservation in central Services under OBC category.

52 trains cancelled in north India

Railway track of Rewari to Alwar- Jaipur blocked by the Jat community.

Meeting with  the Jat community and the Home Minister at New Delhi, but no result come out.

Again 24 trains cancelled and 60 delays on the only Muradabad track.

E-mail sent to the president of India and others for restoration of public transport and taking action against the agitators. (Annexure P2)

Again 80 trains cancelled.

Hence the present petition in public interest.

                                *************


IN THE SUPREME COURT OF INDIA

(Civil Writ Jurisdiction)

WRIT PETITION (Civil) No.              OF 2010

(Under Article 32 of the Constitution of India)

IN THE MATTER OF::

1.

Abhishek Kadyan S/o Sh. Naresh Kadyan

 C-38, Rose Apartment,       Prashant Vihar,  Sector-14, Rohini, Delhi

Petitioner

        //Versus//

1.

2.

3.

4.

Union of India,

through the Secretary,

Ministry of Home

 New Delhi

Railway Ministry,

Secretary, Rail Bhawan,

1, Raisina Road, New Delhi

 

State of UP, through,

Principal Secretary, Secretariat, Lucknow (UP)

State of Haryana through Chief Secretary

 to Government of Haryana, Civil Secretariat, Haryana, Chandigarh.

Respondents

A public interest litigation under Article 32 of the Constitution of India  praying for the restitution of the public transport (Rail)  in the State of UP and State of Haryana.

To,

The Hon’ble the Chief Justice of India and His Companion Justices of the Hon’ble Supreme Court of India.

The Humble petition of the petitioners above-named

MOST RESPECTFULLY SHOWETH:

  1. This is a petition filed under Article 32 of the Constitution of India wherein the petitioner seek relief  for the restitution of the public transport (Rail)  in the State of UP and State of Haryana.
  2. That the petitioner is the citizen of India and residing at the above mentioned address.
  3. That the reservation has been given by the Central Government to some castes of India under the category of SC/ST & OBC for improvement   of their status in the society.
  4. That the some castes like Gurjar and Jat are not satisfied with the policy of the reservation of the Government.
  5. That the Gurjar Caste had been blocked the Railway track and high ways in the year of 2008, 2009 and 2010 and finally the Rajasthan Government agreed to give them 5% reservation in the state government jobs.
  6. That like the Gurjars, the Jat community also started the blocking the railway tracks and other roads and also  given threaten to the Government that they shall  block the supply of Milk and water of Delhi.
  7. That the present agitation has been  going on since  5th March 2011 and till date.
  8. That  all the northern railway track has been blocked by the Jat community and made the loss of millions to the Government and harassment of lakhs of passengers.
  9. That all the Respondents are not taking any action against the agitators. The Center Government, State of  UP, State of Haryana and Railway Ministry are not taking any action against the agitators. The Government of UP and Haryana also supporting the agitators.
  10. That the father of the petitioner has filed a RTI regarding the status of the pending cases against the Indian Jat Reservation, which is pending in the district of Hisar and in this reply the SP  of Police inform that the total 37 cases are pending and some of accused have been arrested and the   challans have been filed against the 10  accused in the court. The copy of reply of RTI dated 17.1.2011 is annexed herewith as Annexure P/1.
  11. That the all the Respondents are failed to restore the public transport( Rail) till date.
  12. That due to the agitation the railway cancelled trains and affected the supply of coal to some power plants in north. Besides, point-to-point delivery of some essential   commodities might also be affected due to the agitation. However, since it is a law and order situation, railway, State Governments and Central Government cannot control it.
  13. That the meeting was held at New Delhi on dated 16.03.2011 with the Home Minister and  representative of Jat Reservation committee Mr. Yashpal Malik and the Government has taken the 3 days time to discuss the matter with the Law Ministry, but the Jat community did not call  off the strike and no action has been taken by the Government against the agitators.
  14. That the father of Petitioner has e-mailed to the President of India, Chief Minister of Haryana, Haryana Police and others for restoration of the public transport and taking action against the agitators. (annexure P/1).

                                    G R O U N D S

  1. Because the  lakhs of passengers are facing harassment and could not reaching at their destination.
  2. Because the blocking of  railway track has been became a tradition and any  caste  or any other community can block the train for  their inertest.
  3. Because the restoration of the railway tracks is in the public interest and the public is facing so many problems due to the blockage of the railway tracks.
  4. Because the talks between the Home ministry and the Jat Community has been concluded and the Jat community refused to called off the agitation.
  5. Because the Government has failed to take action against the agitators.

  (f) Because the Because the representative of the Jat community is giving statements in the Media that they will not finish the agitation till they do not get the reservation in the central government services.

15.        That the Petitioner have not filed any other petition before this Hon’ble Court or any High Court, seeking the same or similar relief.

16.        That the Petitioner have no other equally efficacious alternative remedy than to approach this Hon’ble Court by way of this petition.

                                 P R A Y E R

In the interest of justice and for the facts and circumstances stated herein above it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:

(I)        Issue an appropriate order or direction directing the respondents to restore the railway track, immediately and take the action against the agitators.      

AND/OR

  1. to issue any other appropriate writ, order or direction which this Hon’ble Court may deem fit and proper under the peculiar facts and circumstances of the case, in favour of the public interest.

                         

                                         Filed by

Drawn by: Rajender Yadav, Adv

Drawn on :   18.3.11    

           Advocate for the Petitioner

Filed on :     18.3.11


                                   

        IN THE SUPREME COURT OF INDIA

[CIVIL WRIT JURISDICTION]

WRIT PETITION (CIVIL) (PIL) No. __9453_____of 2011

IN THE MATTER OF:

 Abhishek Kadyan                                 … Petitioner

                                               

//Versus// 

Union of India & Ors.                               …Respondent

                                AFFIDAVIT

I, Abhishek Kadyan S/o Naresh    Kadyan,  C-38, Rose Apartment, Prashant Vihar,  Sector-14, Rohini, Delhi  state on solemn affirmation as follows:

1. That I am the petitioner in this above Writ Petition am well conversant with the facts and circumstances of the case and as such fully competent to swear this affidavit.

2. That the contents of the accompanying Writ petition containing pages ____ to _____ from paras 1 to _______and Synopsis, List of dates at pages A to _____ this affidavit have been drafted under my instructions. The contents thereof have been read and explained to me in vernacular and I have fully understood the same. The facts stated therein are true to the best of my knowledge and based on record. The same may be read as a part of this para.

3. That the Annexures P/1 to P/    are true copies of their respective originals.

         

                       DEPONENT

      I, the deponent above named do hereby verify that the contents of the above affidavit are true to the best of my knowledge and nothing is false and nothing material has been concealed there from.

                 Verified at                      on this      day of June, 2010

                                                                                   

   DEPONENT


LISTING PROFORMA

        IN THE SUPREME COURT OF INDIA

1.   Nature of the Matter                         :  Civil

2.   Name(s) of Petitioner(s)/Appellant(s) :   Abhishek Kadyan

3.   Name(s) of Respondent(s)               (1) Union of India

  1. Ministry of Railway
  2.  State of Up
  3. Sate of Haryana

4.   Number of case          1

5.   Advocate(s) for Petitioner(s)                  :    

6.   Advocate(s) for Respondent(s)         :  …NA…………………………

7.   Section dealing with the matter         :    

8.   Date of the impugned Order/Judge         :  

8A. Name of Hon'ble Judges          

8B. In Land Acquisition Matters:-

      (i)   Notification/Govt. Order No. (U/s.4,6)            :  N.A.

           Dated …………. issued by State

    (ii)   Exact purpose of acquisition & village involved :  N.A.

8C.  In Civil Matters:-

       (i)  Suit No., Name of Lower Court                           :  N.A.

       (ii) Date of Judgement                                   :  N.A.

8D.  In Writ Petitions                                          :   .

8E.  In case of Motor Vehicle Accident Matter:  

       Vehicle No.                                                       :  N.A.

8F.  In Service Matters:

       (i)  Relevant service rule, if any                                   :  N.A.

       (ii) G.O./Circular/Notification, if applicable or in question :   N.A.

8G.  In Labour Industrial Disputes Matters:        I.D. Reference/Award No., if applicable                    :  N.A.

9.    Nature of Urgency                                           :  No

10.  In case it is a tax matter:

       (a)   Tax amount involved in the matter                    :  N.A.

       (b)         Whether a reference/statement of the case was called for or rejected                                           :  N.A.

      (c)    Whether similar tax matters of same parties filed earlier (may be for earlier/other Assessment Year)? :  N.A.

      (d)    Exemption Notification/Circular No. ………………………………………

11.  Valuation of the matter                                  :  N.A.

12.  Classification of the matter:

       (Please fill up the number & name of relevant category with sub category as per the list circulated)

       No. of Subject Category with full name                         :  N.A.

        No. of sub- category with full name                             :  N.A.

13.  Title of the Act involved (Centre/State)                :Constitution of India

14.  (a)  Sub-Classification (indicate Section/Article of the Status)    

: N.A.

       (b)  Sub-Section involved                                           : N.A.  

       (c)  Title of the Rules involved (Centre/State)                   :  N.A.

       (d)  Sub-Classification (indicate Rule/Sub-rule of the Statute)  

N.A.

15.          Point of law and question of law raised in the case :

      

16.  Whether matter is not to be listed before any Hon'ble Judge?

       Mention the name of the Hon'ble Judge    :  N.A.

17.  Particulars of identical/similar cases, if any

       a)  Pending cases                                 :  N.A.

       b)  Decided cases with citation                 :  N.A.

18.         Whether the petition is against interlocutory/final order/decree in the case                                         :

19.          If it is a fresh matter, please state the name of the High Court and the Coram in the Impugned Judgement/Order:

20.  If the matter was already listed in this Court:

       a)  When was it listed?                            :  N.A.

       b)  What was the Coram?                           :  N.A.

       c)  What was the direction of the Court         :  N.A.

21.         Whether a date has already been fixed either by Court or on being mentioned, for the hearing of matter? If so, please indicate the date fixed.                          :  N.A.

22.  Is there a caveator? If so, whether a notice has been issued to him?                                                                           :  N.A.

23.  Whether date entered in the Computer?                 :   N.A.

24.  If it is a criminal matter, please state:

       a)   Whether accused has surrendered                 :   N.A.

       b)   Nature of Offence, i.e. Convicted under Section with Act

       c)   Sentence awarded                                 :   N.A.

24.  d)   Sentence already undergone by the accused.

      e)  (i)   FIR/RC/etc.                                            :   N.A.

                Date of Registration of FIR etc.                 :   N.A.

                 Name & place of the Police Station                 :   N.A.

          (ii)  Name & Place of Trial Court                   :   N.A.

                 Case No. in Trial Court and Date of Judgement                                                                                 :   N.A.

          (iii)  Name and Place of 1st Appellate Court              :   N.A.

                 Case No. in 1st Appellate Court & date of Judgement    

:   N.A.      

Advocate for Petitioner(s)

Date :    18.3.11