M/S Urvashi Hotel v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6495 of 2023 ====================================================== M/s Urvashi Hotel, Cinema Road, Hajipur, P.S. - Hajipur, District - Vaishali at Hajipur (Bihar) through the Power of Attorney Holder Nandesh Kumar Singh, Son of Late Nawal Kishore Singh authorized by its proprietor. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Railway Board, Ministry of Railway, Rail Bhawan, New Delhi - 110001.

2.

The General Manager, East Central Railway Hajipur, P.O. - Digghi Kala, P.S. - Hajipur, District - Vaishali at Hajipur- 844101 (Bihar). 3.

The Principal Chief Commercial Manager, East Central Railway, Hajipur, P.O. - Digghi Kala, P.S. - Hajipur, District - Vaishali at Hajipur - 844101 (Bihar).

4.

The Deputy Chief Commercial Manager, East Central Railway, Hajipur, P.O. - Digghi Kala, P.S. - Hajipur, District - Vaishali at Hajipur - 844101 (Bihar). 5.

The Divisional Railway Manager, East Central Railway, Danapur, P.O/P.S. - Khagaul, District - Patna - 801105 (Bihar).

6.

The Sr. Divisional Commercial Manager, East Central Railway, Danapur, P.O/P.S. - Khagaul, District - Patna - 801105 (Bihar). 7.

The Sr. Divisional Financial Manager, East Central Railway, Danapur, P.O. - Khagaul, P.S. - Danapur, District - Patna - 801105 (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyam Shivam Sundaram For UOI :

Mr. Subodh Kumar Jha, Sr. CGC :

Mr. Pranav Kumar Jha, Adv.

For the Respondent/s :

Mr. Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 05-09-2024 Learned counsel appearing on behalf of the petitioner has stated that the matter is squarely covered by the Judgment of the Hon'ble Division Bench of this Court vide order dated 09.01.2023 passed in CWJC No. 17873 of 2021 and also the Judgment dated 09.01.2023 passed in CWJC No. 18834 of 2021. Learned counsel has therefore, prayed this Hon'ble Court to allow the present writ petition in terms of the above two cited

Patna High Court CWJC No.6495 of 2023(13) dt.05-09-2024 2/2 Judgments.

2. Learned counsel appearing on behalf of the respondents has fairly stated that the matter may be disposed of in terms of the above cited Judgments.

3. Having regard to the above made submissions, the present writ petition is disposed of in terms of the above two cited Judgments relied by the learned counsel appearing on behalf of the petitioner, Letter No. Com/Catg/PNBE/Compliance/2022, Danapur dated 26.12.2022 is set aside, directing the Railway authorities to make a fresh assessment as contemplated under Section 18(3) of catering policy of 2010 and thereafter fix the new license fee. The entire exercise shall be completed as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order. Till such time, the petitioners shall be allowed to run the catering units as per the terms and conditions of the earlier recommendation. In case the authorities are contemplating to pass any orders, the petitioner shall be heard duly giving an opportunity of hearing.

4. Accordingly, the writ petition is disposed of. (A. Abhishek Reddy, J) Ayush/- U