Narayan Das v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.28 of 2021 ====================================================== Narayan Das (care taker of his estate of Govind Prasad Agrawal (deceased) Male, aged about 65 years Son of Late Girija Das, resident of Ward No. 10, Hasanpur, Marachiujagar, Hasanpur Saw Mill, District - Samastipur - 848205 through his power of attorney holder namely Anil Kumar male aged about 55 years son of Late Ram Nivas Agrawal resident of Ward No. 3, Hasanpur Bazar, Rampur, 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. Siddhartha Prasad, 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.28 of 2021 dt.30-11-2021 2/2 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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