RAM PRIT SAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. D Mazumdar, learned senior counsel assisted by Mr. SP Das and Mr. N Das, learned counsel for the appellants, MR. RKD Choudhury, learned Deputy SGI for the respondents in the Union of India and the authorities in the NF Railways and Mr. N. Anix Singh, learned counsel for the respondents No. 3 and 4 being the authorities in the IRCTC.

(2.) The nine appellants herein are all license holders to operate minor vending units in the Rangia railway station and it is stated that the appellants have been in the business of operating the minor vending units for almost 35/40 years. Under the catering policy of the respondent railway authorities undertaken from time to time, the vending fees that the appellants are required to pay have been enhanced. It is stated that enhancement was made in the year 2003 as well as in the year 2008. On both occasions, the appellants as well as other similarly situated vendors instituted writ petitions assailing the enhancement where the common trend was to grant an interim order requiring the appellants to pay the vend fees at the existing rate, but ultimately all such writ petitions were dismissed resulting in a requirement of the appellants to pay the vend fees at the enhanced rate.

(3.) In the year 2018, the respondents in the railway authorities demanded the appellants to pay the arrear being the difference between the enhanced rate and the existing rate which they paid because of the various interim orders of the Court. Being aggrieved, WP (C) No. 7339/2018 had been instituted.