GHANSHYAM Vs. UNION OF INDIA

JUDGEMENT

(1.) EACH of the three intra -court appeals impugns the common judgment dated 28th October, 2013 of the learned Single Judge of this Court of dismissal of W.P.(C) Nos.6990/2007, 3322/2008 and 10539/2009 preferred by the three sets of appellants respectively.

(2.) THOUGH LPA Nos. 49/2014 and 76/2014 are accompanied with applications for condonation of 20 and 33 days delay respectively in filing thereof and no formal order has been made condoning the said delay but arguments on all the three appeals were heard together, without regard to the said aspect and judgment reserved. We accordingly now formally allow the applications in LPA Nos.49/2014 and 76/2014 for condonation of delay.

(3.) THE writ petitions from which these appeals arise were filed pleading that: - (i) The appellants are engaged in the business of Catering / Vending Contractors and have been providing catering / vending services to the passengers of Northern Railway at different railway stations of Delhi Division for the last several decades and their licences were being renewed from time to time; (ii) Prior to the year 2000, the respondent Railways were charging lumpsum licence fee according to the class of the stations at which the catering / vending contractor had been granted licence of stalls / trolleys and keeping in mind other relevant factors viz. the number of vendors, salesmen / workers / bearers allowed, importance of station from the point of view of passenger traffic and demand for items sold, location of the stall at the railway station etc.; (iii) However in the year 2000, the respondent Railways issued new guidelines and started charging licence fee on the basis of 12% of the annual sales turnover and which resulted in increase of 4 to 5 times from the licence fee being earlier paid; (iv) However in August, 2007, the respondent Railways suddenly informed that the appellants are liable to pay arrears with effect from 1st January, 2006 in accordance with some letter dated 9th December, 2005 issued by the Railway Board; (v) On further inquiry, it was learnt that the said demand was in pursuance to the Commercial Circular No.51 of 2005 dated 9th December, 2005 of the Railway Board with respect to charging of licence fee for D, E and F category of railway stations (with which all the appellants are concerned) and though providing for licence fee to be at 12% of the sales turnover, further providing a lumpsum minimum amount to be charged as laid down therein. The writ petitions were filed impugning the said Commercial Circular No.51 of 2005 dated 9th December, 2005 and the demand in pursuance thereto.