BUDH SINGH AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ petition has been filed against the impugned order dated 28 -4 -1998 Annexure 1 to the writ petition enhancing the licence fee payable by the petitioner by 600%. It has also been prayed that the respondents be directed to place the Meerut City Railway Station under the category of medium station instead of its placement in the large category of station as per order dated 31 -10 -1997. The petitioners have further prayed for a mandamus directing the respondents not to interfere in any manner in their operating the stalls and trollies in pursuance to the existing agreements and provide all privileges e.g. passes and medical benefits etc. to the staff of the petitioners. The petitioner has also prayed that the respondents be directed to review the agreement for running the stalls and trollies at Meerut City Railway Station on the expiry of the existing agreement.

(3.) THE work of running the stalls and trollies over the various railway stations are given by the Railway Administration of various divisions through an agreement executed in favour of the contractors. True copy of the agreement dated 13 -6 -1995 executed between the Railway Administration, Northern Railway and petitioner No. 7 is Annexure 2 to the writ petition. In that agreement the number of stalls and trollies and vendors operated by the petitioner No. 7 and the monthly rate of licence fee, rent and other charges are shown The monthly licence fee and rent in the case of the petitioner 7 is Rs. 1594/ - which has been made applicable w.e.f 1 -4 -1992 in case of all the petitioners. It is alleged that there has been arbitrary enhancement of the licence fee. It Is also alleged that the fee has been enhanced without considering the letter of the Railway Board dated 2 -1 -1987 Annexure 3 -A to the writ petition. It is further alleged that the licence fee cannot be enhanced during the continuance of the existing contract.