BHARAT CATERING CORPORATION THRU PARTNER & ANR Vs. INDIAN RAILWAY CATERING & TOURISM CORP LIMITED & 5 ORS

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 17.09.2007 as contained in Annexure No.1 to the writ petition.

(2.) The fact, in short, giving rise to the present dispute, are that the Norther Railways on 14.02.2003 published an advertisement for award of two vending stalls at Platform No.1 and Platform Nos.2 and 3 of Lucknow Railway Station, Lucknow in various newspapers and in pursuance of the aforesaid advertisement, a number of firms, including the petitioners, applied for award of the said vending stalls at Charbagh Railway Station, Lucknow. The application dated 20.03.2003 moved by the petitioners was accepted by the respondents for award of two vending stalls. The respondent no.5 on 23.12.2003 sent letters to the petitioners alongwith the terms and conditions of the award of licence for the two vending stalls as aforesaid, asking for acceptance of the petitioners in writing within fifteen days from the date of receipt of the aforesaid letters and in case the terms and conditions were acceptable to the petitioners, the petitioners may deposit the security amount for the aforesaid two vending stalls as mentioned in the terms and conditions of the aforesaid two letters dated 23.12.2003 for further necessary action.

(3.) The terms and conditions were accepted by the petitioners and they deposited the security amount with the respondents and thereafter they were permitted to run the vending stalls at Platform no.1 and Platform nos.2 and 3. The licence fee, which was chargeable according to Clause-10 of the aforesaid letter dated 23.12.2003, the petitioners had to pay licence fee @ 12% per annum of the assessed potential annual sales turnover of the said vending stalls, though in the same clause, a demand of Rs.9,85,500/- was made from the petitioners towards the payment of licence fee on the basis of the potential annual sales turnover of Rs.82,12,500/- for the vending stalls at Platform no.1 and licence fee of Rs.7,75,260/- was demanded on the potential annual sales turnover of Rs.64,60,500/- of the vending stalls at Platform no.2/3 situated at Charbagh Railway Station, Lucknow. The security amounts of the vending stall at Platform no.1 was Rs.4,10,625/- and Rs.3,23,025/- for the vending stall at Platform nos.2/3.