Basant Kumar vs The Union Of India Through The ...
2021 Latest Caselaw 5702 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10674 of 2020
     ======================================================

Basant Kumar (the authorized care taker of the license holder namely Shyam Sunder Kedia) male aged about 45 years son of Chandulal Agrawal, resident of Ward No. 3, Hasanpur S. Mill, 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. Abbas Haider, Advocate ====================================================== 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.10674 of 2020 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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