Karnataka High Court
Mr. V. Ramakrishna vs The Union Of India on 4 March, 2024
Author: Chief Justice
Bench: Chief Justice
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WA No. 673 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4 TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT APPEAL NO. 673 OF 2023 (GM-RES)
BETWEEN:
MR. V. RAMAKRISHNA
S/O MR. VENKATESH
AGED ABOUT 42 YEARS
LICENSEE OF CATERING STALL/MYA
SITUATED AT MANDYA RAILWAY STATION
UNDER SOUTHERN WESTERN RAILWAY
BANGALORE DIVISION, MANDYA-571 401
KARNATAKA ...APPELLANT
(BY SRI. VARUN J. PATIL, ADV. FOR
SRI. MAHAMAD TAHIR A.,ADVOCATE)
AND:
1. THE UNION OF INDIA
MINISTRY OF RAILWAYS
RAISINA ROAD
Digitally signed by NEW DELHI-110 001
MALA K N REP BY ITS SECRETARY
Location: HIGH COURT
OF KARNATAKA 2. THE DIRECTOR (T AND C)
THE DEPARTMENT OF TOURISM
AND CATERING, RAILWAY BOARD
RAIL BHAWAN, RAISINA ROAD
NEW DELHI-110 001
3. THE CHIEF COMMERCIAL MANAGER
THE CCM PRINCIPAL SOUTH
WESTERN RAILWAYS
HEADQUARTERS OFFICE
2ND FLOOR, WEST WING
GADAG ROAD, HUBBALLI-580 020
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WA No. 673 of 2023
4. THE SENIOR DIVISIONAL COMMERCIAL MANAGER
SOUTH WESTERN RAILWAYS, BENGALURU DIVISION
DIVISIONAL OFFICE, COMMERCIAL BRANCH
BANGALORE-560 023
...RESPONDENTS
(BY SRI. GOWTHAMDEV C. ULLAL, CGC)
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO a) PLEASE ALLOW
THIS APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED
02/06/2023 IN WP NO.10747/2023 PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HON BLE COURT AND CONSEQUENT
BY QUASHING IMPUGNED DEMAND OF LICENSE FEE VIDE
NUMBER B/C.79/CS-45/MYA/PF-2 AND 3/2023 DATED
09/01/2023 ISSUED BY THE SENIOR DIVISIONAL
COMMERCIAL MANAGER, BENGALURU, SWR / 4TH
RESPONDENT VIDE ANNEXURE-F.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, T.G. SHIVASHANKARE GOWDA, J., DELIVERED
THE FOLLOWING:
JUDGMENT
This writ appeal is directed against the order of
learned Single Judge dated 02.06.2023 in Writ Petition
No.10747/2023 (GM-RES).
2. The issue involved in this appeal is
regarding licence fee to be paid by writ petitioner in
respect of Catering Stall measuring 10 ft x 6 ft situated
at Mandya Railway Station, granted under Freedom
Fighter and Women category. Originally, the
contractual licence was granted in favour of the mother
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of the petitioner; after her demise, it was granted in
favour of the petitioner. As per the provisions of law,
there is a revision of licence fee by following the
Catering Policy 2010 and also agreement between the
parties.
3. The petitioner was paying licence fee of
Rs.1,43,095/- per annum. The respondents-
authorities issued a demand notice dated 09.01.2023
to the petitioner demanding him to pay upward
revision of licence fee at Rs.3,33,493/- per annum.
4. Before the learned Single Judge, the
grievance of the petitioner was that the upward
revision of licence fee from Rs.1,43,095/- to
Rs.3,33,493/- is unjust and unreasonable. After
hearing the parties, the learned Single Judge held that
the Writ Petition is devoid of merits and rejected the
same in limine. Aggrieved by the same, the petitioner
is before this Court on various grounds.
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5. Heard the arguments of learned advocate
Sri.Varun J. Patil for the appellant and learned Central
Government Counsel Sri.Gouthamdev C.Ullal, for
respondents.
6. It is the contention of learned counsel for
the appellant that by virtue of order of this Court dated
26.07.2023, survey has been conducted by the
respondents and the report of survey has been placed
before this Court. The petitioner will be satisfied if the
revision of licence fee is made accordingly and submits
that a direction may be issued to the respondents
accordingly.
7. Per contra, learned Counsel Central
Government Counsel submits that in compliance of the
order dated 26.07.2023 passed by this Court, the
respondents-authorities have conducted Sales Survey
considering the peak business and also lean business
of the appellant and the copy of the survey report is
made available along with the compliance report.
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8. We have given our anxious consideration to
the arguments advanced on behalf of both parties and
perused the records.
9. By virtue of order of this Court dated
26.07.2023, the respondents have produced the
Survey Report along with records of proceedings
regarding survey conducted and the sales carried on
by the appellant on the said dates. On perusal of the
Sales Survey calculation, it is pertinent to note that the
peak survey was conducted on 11.10.2022,
12.10.2022 and 13.10.2022 and lean survey was
conducted on 18.08.2023, 19.08.2023 and
20.08.2023. Peak survey indicates the average peak
sales of Rs.3,33,493/- and lean sales at Rs.1,50,088/-,
the average of both comes to Rs.2,41,791/-. The
present licence fee is Rs.1,43,095/-, the difference is
Rs.91,702/- per annum. The appellant as well as the
respondents are ready to accept the said survey report
and the request of the appellant for upward revision of
licence fee may be considered by the
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respondents/authorities relying on the report
submitted to this Court.
10. Both the parties will be contentful, if the
respondents/authorities take a decision for upward
revision of licence fee in respect of Catering Stall of the
petitioner at Mandya Railway Station in the light of
above survey report.
Accordingly, the Writ Appeal stands disposed of,
with a direction to the respondents/authorities to
consider the survey report submitted to this Court, for
issuing the demand for upward revision of licence fee
from the appellant.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KNM
CT:HS
