Messrs M.K. Basu & Ors vs Union Of India & Ors
2021 Latest Caselaw 3104 Cal

24-05-2021 ct no. 13 Sl.4 sp WPA 8829 of 2021 With CAN 1 of 2021 (Through Video Conference) Messrs M.K. Basu & Ors.

-Versus-

Union of India & Ors.

Mr. Soumabho Banerjee, Mr. Kunal Ganguly ....for the petitioners

Mr. Kush Prasun Chatterjee, Mr. Aveek Biswas ...for the Union of India

By an order dated May 17, 2021, a Co-

ordinate Bench had stayed the communication

dated April 10, 2021 until June 14, 2021. The

said order of stay was passed on the basis of the

readiness and willingness expressed by the

petitioners to pay the third year licence fees

forthwith.

The petitioners have not till date put in

the said licence fees on the submission that the

office of the petitioners were closed in view of

the pandemic. It is further stated that the order

of lock down passed by the State also prevented

the petitioners from putting in the money.

This Court notes that the interim order of

stay dated May 17, 2021 passed essentially

considering the willingness of the petitioners to

pay the third year licence fees forthwith and/or

immediately. Such window of opportunity not

having been availed by the petitioners, the

interim order ought to normally stand vacated.

However, this Court is of the view that a further

opportunity may be given to the petitioners to

put in the aforesaid licence fees for 12 months

with the Railways at the Office where they had

earlier put in the licence fees, by May 28, 2021

by 5 p.m.

It is made clear that in default of payment

of 12 months of licence fees as indicated herein

above on or before the aforesaid date and time,

the interim order of stay dated May 17, 2021

shall stand vacated and the writ petition shall

stand dismissed.

However, if the amount as directed herein

above is paid, the same shall be without

prejudice to the rights and contentions of either

the parties against other and subject to the final

result of the writ application.

List this matter on next Monday

(31.05.2021), if payment is made as directed

above.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)