This is an oral order where the Patna High Court disposed of a writ petition seeking quashing of a license fee demand notice. The court relied on a previous order and disposed the matter without detailed reasoning.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8681 of 2020
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Sunil Kumar Agrawal alias Sunil Kumar Son of Ramnivas Agrwal resident of 10, Ward No. 3 Road, Hasanpur Road, Hasanpur S. Mill, Samastipur - 848205 through his power of attorney holder namely Anil Kumar Male aged about 55 years son of Late RamNivas Agrawal resident of Ward No. 3, Hasanpur Bazar, Rampur P.S. Hasanpur, Samastipur.
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gautam Kumar Kejriwa Mr. Alok Kumar Jha Mr. Pawan Kumar Singhl For the Respondent/s : Dr. K.N.Singh (ASG) Mr. Bijoy Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 13-01-2021 Heard learned counsel for the petitioner and learned
counsel for the respondents.
The petitioner has moved the Court for the following
reliefs:
(a) For issuance of a writ in the nature of certiorari for quashing of the notice dated 17/21.12.2019 whereby a demand for license fee with increment from retrospective effect (from 01.04.1995 till
Patna High Court CWJC No.8681 of 2020(2) dt.13-01-2021 2/3
2019–2020) has been made in direct contravention of the relevant guidelines issued by the respondent Railway Board from time to time;
(b) For issuance of a writ or order or direction restraining the respondents from any action for recovery of the amount so demanded by way of the impugned letters and also for restraining the respondents from any other consequential action as a result of non-payment of the amount so demanded through the impugned letter;
(c) For holding and a declaration that the revision of license fee can be done by the respondents only in accordance with clause 7 of the Railway Board’s letter number 2005/LML/18/8 dated 10.02.2005;
(d) For holding and a declaration that there can’t be a retrospective revision of license fee with effects of enhancement so as to hold the petitioner liable for payment of the difference which is contrary to and violative of the guidelines issued by the respondent railway Board; (e) For grant of any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances of the case.”
At the outset, it was jointly pointed out that the issue involved was similar to the issue before the Court in C.W.J.C. No. 8604 of 2020 ( Bharat Kumar Agarwal @ Bharat Kumar Vs. The Union of India and others ) and three other analogous cases, which have been disposed off by order dated 06.11.2020.
Patna High Court CWJC No.8681 of 2020(2) dt.13-01-2021 3/3
Having regard to the aforesaid, the present writ application also stands disposed off in terms of the order dated 06.11.2020 passed in C.W.J.C. No. 8604 of 2020 and its three analogous cases.
The Court would only note that the said cases were also disposed off on the basis of the order dated 04.11.2019 passed in C.W.J.C. No. 18109 of 2018 ( Vijay Sah Vs. Union of India and others ).
(Arvind Srivastava, J)
shailendra/-
U
Colour shows how this judgement treated each authority
Bharat Kumar Agarwal @ Bharat Kumar Vs. The Union of India and othersReferred¶23
C.W.J.C. No. 8604 of 2020
Vijay Sah Vs. Union of India and othersReferred¶26
C.W.J.C. No. 18109 of 2018
Sunil Kumar Agrawal alias Sunil Kumar
The Union of India
The Director, Land and Amenities
The General Manager, East Central Railway
The Divisional Railway Manager, East Central Railway
The Assistant Divisional Engineer, East Central Railway
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
