before the Court at the time of hearing, which has been admitted to be served upon the petitioners, through learned counsel for the petitioners, Mr. Birendra Kumar, it is sample copy executed with another person, as the agreement of the petitioners have been lost by the Railway office and petitioners have also not brought the same on record, but the sample agreement shows that licensee has to comply all the conditions of the Railway. Since the writ petitioners have not denied the same nor produce any document contrary to the same, as such, this Court is relying upon the copy of an agreement, which was executed by the Railway Administration with another licensee and para-10 of the said agreement says that the license or occupation fee provided for in the license agreement may, by a notice in that behalf, be enhanced by the Administration from time to time at its sole discretion and the licensee shall be liable to pay the enhanced license or occupation fee on the expiry of the period, as may be prescribed in such notice as aforesaid. From perusal of para- 10 of the said agreement, it appears that it was binding upon the petitioners to comply all the conditions of the Railway Administration with regard to enhancement of rent, but since the petitioners have not complied the same, as such, in view of the agreement, which has been brought on record by the Railways, the writ petitions are fit to be dismissed.
