IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1161 of 2005 Ratan Kumar Singh, S/o Late Chandrika Singh, R/o Mohalla- Katghar, Alganj, P.S.-Mojahidpur, District-Bhagalpur. ….. Petitioner. Versus 1. The Union of India through Divisional Commercial Manager, Eastern Railway, Malda, P.S.-Malda, District-Malda. 2. The Divisional Commercial Manager, Eastern Railway, Malda, P.S.- Malda, District-Malda(Est Bengal). 3. Station Manager, Bhagalpur, Bhagalpur Railway Station, Bhagalpur. 4. Inspector, Railway Protection Force, Bhagalpur Station, Bhagalpur. ….. Respondents. For the petitioner : Mr. T.N.Maistin, Sr. Advocate. Mr. Ramadhar Singh, Advocate. Mr. Rajeev Kumar Sinha, Advocate. For the Respondents : Mr. Bhupendra Narain Yadav, Advocate. ----------- 3. 17.01.2011 1. Heard learned counsel for the petitioner and learned counsel for the respondents-Eastern Railway and its authorities. 2. The petitioner has filed this writ petition challenging letter dated 2.11.2004(Annexure-3) issued by the respondent authority to the petitioner terminating his licence as per the Vending Contract for Bhagalpur Railway Station and also letter dated 10.12.2004(Annexure-4) issued by the Railway authority (Respondent no. 4) sealing the stall in question and also for directing the respondents to unlock the stall of the petitioner at Bhagalpur Railway Station and allow him to run his business. 3. The facts are not in dispute that on 26.11.1984 the father of the petitioner entered into an agreement with the respondents authorities for running a stall of miscellaneous articles at Bhagalpur Railway Station and after his death the petitioner continued the said business. 2 4. From the arguments of the parties and the materials on record, it is clear that vide letter dated 24.01.2003 (Annexure- 1), the respondents authorities informed the petitioner that the vending licence fees have been revised on the basis of latest Policy Guidelines (Catering Act, 2000) dated 20.10.2000 whereafter revised licence fees have been fixed considering all the relevant aspects of the concerned vendors within the guidelines of the Railway Boards(New Catering Policy) and the petitioner was directed to pay the licence fees along with arrears at the earliest. It also transpires that the authorities also sent letter dated 08.03.2004 (Annexure-2) to the petitioner by which petitioner’s representation dated 16.02.2004 was considered and disposed of with a direction to pay all the railway dues immediately and he will be allowed to open the shop, but half of the shop will have to be vacated immediately and the stall will be limited up to half of the existing shop and subsequently subject to availability of suitable space the entire shop/stall may be shifted at the existing place. It is not in dispute that the two letters/orders of the authority concerned were not challenged by the petitioner. 5. It transpires that after more than one and half year the authorities realized that the petitioner is occupying the stall, but he is neither paying the licence fees nor any response was received from him and hence, it was presumed that the petitioner was no longer interested to run his vending shop and his licence was terminated vide letter dated 2.11.2004 (Annexure-3). 3 Thereafter the authority sent another letter dated 10.12.2004 (Annexure-4) to the petitioner stating that the petitioner vending contract at Bhagalpur Railway Station had been terminated on non-payment of vending licence fees as per the revised rate with arrears and hence, after reasonable period the stall was being sealed. These two orders have been challenged by the petitioner in this writ petition. 6. From the aforesaid facts and circumstances of the case as well as from the averments made by learned counsel for the petitioner, it is quite apparent that Annexure-3 and Annexure- 4 mentioned above were depending upon Annexure-1 and Annexure-2 and when the said orders/letters namely Annexure-1 and Annexure-2 were never challenged, there appears to be no reason at all to interfere with the subsequent action taken by the authorities vide Annexure-3 andAnnexure-4. Furthermore, the rates of vending licence fees have to be revised from time to time and in the instant case that has been done as per the specific policy of the railways. Hence, this court does not find any reason to interfere with the said letters/orders and accordingly this writ petition is dismissed. Sujit (S.N.Hussain, J.)