These unauthorised persons thus make huge profits but the passengers who were found travelling on transferred tickets had to pay heavy penalties and undergo prosecutions.
A companyprehensive companynter affidavit was filed both in Writ Petition No.
Petitioners and the members of the Association claim to be engaged in the business of travel agents over a decade and a half and according to them they are rendering useful service to the travelling public in booking seats and berths in various passenger trains.
3762/82.
One of the petitions in this group is filed by an association styled as Travellers Service Agents Association Regd.
4298 4308/82.
ORIGINAL JURISDICTION Writ Petitions No.
4386 90/82.
8200 01/83, 4386 90/82, 4298 4308/82 and 3762/82.
The Judgment of the Court was delivered by DESAI, J. Petitioners in this group of petitions under Art.
1018 Govindan Nair and Altaf Ahmed for the Petitioners in WPs.
Shankar Ghosh, B. P. Maheshwari and B. P. Singh for the Petitioners in WP.
114A by the Indian Railways Amendment Act, 1982, Secs.
8200 8201/83 by one Vijay Kumar, Joint Director, Traffic Commercial G I in the Ministry of Railways.
The member of the Association also claimed to carry on business as railway travel agents.
3762/82 and Writ Petition Nos.
C. Mahajan, R. N. Poddar, Ms. Halida Khatun and Ms. Shubhashini for the Respondents.
The unauthorised agents from whom these tickets were purchased invariably remainded untraced.
32 of the Constitution claimed to be carrying on the business as railway travel agents.
Referring to the clandestine business carried on by the petitioners, it is stated in the companynter affidavit as under It is submitted that unauthorised persons like the petitioners were, however, taking advantage of i the absence of any specific provision in the law prohibiting the carrying on of business in purchase and supply of rail tickets and ii of the fact that law does number require the intending passenger to personally or physically present himself as the booking companynter for purchase of ticket for his journey, were and are purchasing tickets generally in fictitious names and thereby companynering reserved accommodation and companypelling genuine passengers to turn to them for purchase of reserved tickets booked in fictitious names at heavy premia.
8200 01/83.
S. Khanduja and Yaspal Dhingra for the Petitioners in WPs.
