RABINDRA NATH RAY Vs. THE UNION OF INDIA

JUDGEMENT

(1.) SEEKING quashing of letter dated 23.05.2013 whereby the licence fee for the general minor unit allotted to the petitioner at Chakardharpur Railway Station has been determined at Rs. 1,78,220/ - per annum and for quashing letter dated 19.11.2013 whereby the contract of the petitioner has been terminated and a direction has been issued for handing over the vacant space of the catering unit, the petitioner has approached this Court by filing the present writ petition. Further prayer for quashing the formula for fixing the licence fee for the catering unit under the Catering Policy, 2010 issued vide Commercial Circular No. 35/2010 dated 21.07.2010 had also been made in the writ petition.

(2.) THE brief facts of the case are that, the petitioner is a licensee for a fast food stall at platform No. 1, at Chakardharpur Railway Station signed agreement dated 09.07.2001 whereunder the licence fee for the unit, i.e. a general minor unit was fixed at Rs. 25,000/ - per annum. This allotment was made for a period of 5 years and after the expiry of the said period it was renewed for another 5 years. The petitioner paid an amount of Rs. 18,205/ - on 31.05.2011 for a period of 6 months and further an amount of Rs. 15,125/ - on 12.09.2011 for the period till January, 2012. The licence fee was regularly paid by the petitioner upon demand letters issued by the Railway Authority. In the meantime, the Ministry of Railway formulated a new catering policy being Catering Policy, 2010 which came into effect from 09.08.2010. Between the period 13.01.2011 and 15.01.2011 sale assessment of the fast food stall of the petitioner at Chakardharpur Railway Station which is "B Category Railway Station" was conducted and it was found that the average sale per day was Rs. 818/ - and accordingly, the licence fee @ 12% on yearly sales was fixed at Rs. 35,829/ -. However, by the subsequent communication dated 23.05.2013 the licence fee has been determined at Rs. 1,78,220/ - and it has been made effective from a retrospective date i.e., w.e.f. 22.01.2012. Vide letter dated 19.11.2013 the contract was terminated and therefore, the petitioner has approached this Court by filing the writ petition.

(3.) IT is stated that the fast food stall at platform No. 1 of the Chakardharpur Station was given 67 points which was multiplied by Rs. 2660 to ascertain annual licence fee which comes at Rs. 1,78,220/ -.