Dismissed

The Union Of India and Ors. v. Sri Din Dayal Gupta and Sons

Patna HC3 Dec 2014C. REV./231/2014

Case brief

AI extract

What is this about?

This High Court rejected a review application by the Union of India/Ministry of Railways. The respondents sought to review a judgment quashing an assessment order, relying on a 2014 circular that clarified assessment procedures effective after the challenged exercise. The Court held the ground was untenable.

What did the court decide?

Review application rejected; the review application stands dismissed. The order dated 20.6.2014 remains.

The Union Of India and Ors. Vs Sri Din Dayal Gupta and… — Company and Corporate | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Review No.231 of 2014

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Civil Writ Jurisdiction Case No. 16343 of 2013

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====================================================== 1. The Union of India through the Divisional Railway Manager, East Central Railway, Danapur, Patna.

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The Divisional Railway Manager, East Central Railway, Danapur, Patna.

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The Senior Divisional Commercial Manager, East Central Railway, Danapur, Patna.

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The Assistant Commercial Manager (TC & Catg), East Central Railway, Danapur, Patna.

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.... .... Petitioner/s

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Versus

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Sri Din Dayal Gupta and sons, Vending Contractor, Patna Saheb Railway Station through its proprietor Ram Narayan Gupta S/o Late Din Dayal Gupta, resident of Mohallah Begampur, P.S. Patna City Chowk, District Patna.

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.... .... Respondent/s

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====================================================== Appearance:

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For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate For the Respondent/s : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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4 03-12-2014 Heard Mr. Anil Kumar Sinha, learned counsel for the petitioners.

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The petitioners herein are Union of India in its Ministry of Railways including its authorities who seek review of the judgment and order dated 20.6.2014 passed by this Court in CWJC No. 16343 of 2013 whereby this Court while allowing the writ petition has quashed the assessment order placed vide Annexure- R/9 to the counter affidavit as well as consequential order dated 25.6.2013 placed at Annexure-1 to the writ petition alongwith the order dated 4.3.2014 placed at Annexure-9.

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The only ground raised for seeking review of the order of

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Patna High Court C. REV. No.231 of 2014 (4) dt.03-12-2014

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this Court by the petitioner is relying upon a circular issued by the Railways dated 29.5.2014 whereby a legal opinion expressed by the Additional Solicitor General has been circulated requiring the authorities of the Railways to abide by the same and insofar as the opinion present at point no. 6 is concerned, the opinion expresses that the renewal provisions mentioned in the Catering Policies, 2010 would be applicable to the allotment made under the said policy and not to the allotment made under the earlier catering policies.

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It is the submission of Mr. Sinha relying upon the said circular based upon the legal opinion of the Additional Solicitor General that since under the old catering policy of 2000, 2004 and 2005, the assessment were to be carried on the basis of turnover of three consecutive dates hence there was no infirmity in the exercise undertaken by the respondents and since this relevant aspect could not be placed before the Court hence it led to the order passed in the writ petition which is sought to be reviewed. He submits that since the assessment was made on the basis of turnover recorded on three consecutive dates by the concerned authorities by following the procedure prevalent which stands clarified by the circular dated 29.5.2014 and which circular even after due diligence could not be placed before this Court when the order was passed on the writ petition, this would form a sufficient ground to seek a review of the order passed in the writ petition.

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Patna High Court C. REV. No.231 of 2014 (4) dt.03-12-2014

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I have heard learned counsel for the petitioner and perused the records. In the opinion of this Court none of the two grounds raised by Mr. Sinha warrants a review. The exercise of assessment questioned in the writ proceedings is dated 6.2.2012 to 8.2.2012 when an assessment of sale made by the writ petitioner was carried out by the authorities of the Railways. Thus a clarification issued on 29.5.2014 could not have been a basis to justify the exercise undertaken prior thereto. Further the railways cannot be permitted to feign ignorance of their own circular which existed on the date when the order under review was passed on 20.6.2014 nor can rely upon the same to seek review on grounds of discovery of a fresh material. Even the circular so relied upon by Mr. Sinha which is based upon a legal opinion does not come to their rescue, for the opinion is in context with a matter in issue, pending consideration before the Supreme Court.

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Not being satisfied with the grounds set up in this application, the prayer for review is rejected. Consequently, the review application stands dismissed.

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(Jyoti Saran, J)

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S.Sb/-

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The Union Of India and Ors. v. Sri Din Dayal Gupta and Sons

Case brief

What is this about?

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The Union Of India and Ors. v. Sri Din Dayal Gupta and Sons

Case brief

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