Citation : 2021 Latest Caselaw 5697 Patna
Judgement Date : 30 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 53 of 2021
======================================================
Manoj Kumar @ Manoj Kumar Barbariya, Male aged about 43 years, Son of Nand Lal Barbariya, Resident of Hasanpur Bazar, Ward No.5 Road, Rampur Rajawa P.S. Hasanpur, Samastipur-848205 through his Power of attorney holder namely, Govind Prasad, Male aged about 59 years, Son of Late Chandu Lal Agrawal, resident of Ward No.3, Hasanpur Sugar Mill P.S. Hasanpur, Samastipur.
... ... Petitioner/s Versus
1. The Union of India through the Chairman, Railway Board, Ministry of Railways, New Delhi.
2. The Director, Land and Amenities, Railway Board, Ministry of Railways, New Delhi.
3. The General Manager, East Central Railway, Zonal Office Hazipur, Vaishali.
4. The Divisional Railway Manager, East Central Railway, Samastipur Division, Samastipur.
5. The Assistant Divisional Engineer, East Central Railway, Samastipur.
6. The Senior Section Engineer, (Works) Line, Eastern Central Railway, Samastipur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)
Date : 30-11-2021
Heard learned counsel for the parties.
The issue relates to demand having been made by the
respondent Railways with regard to licence fee with an increment
thereon from a retrospective effect.
Patna High Court CWJC No.53 of 2021 dt.30-11-2021
Learned counsel are ad idem that the present case is
squarely covered by a judgment dated 04.11.2019 rendered by a
learned Single Judge of this Court in CWJC No. 18109 of 2018
(Vijay Sah v. Union of India and Others) as also by a judgment
dated 06.11.2020 rendered by a learned Single Judge of this Court
in CWJC No. 8604 of 2020 (Bharat Kumar Agarwal @ Bharat
Kumar vs. The Union of India and Others) and another
analogous cases.
We, thus, dispose of the instant case with the same
direction and observation as has been made in the aforesaid
judgment dated 04.11.2019 (supra) and 06.11.2020 (supra).
(Rajan Gupta, J)
(Mohit Kumar Shah, J)
P. Kumar/Anand Kr.
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