SBCWP NO.323/2007– NAND KISHORE V/S UNION OF INDIA AND ORS. AND 16 CONNECTED WRIT PETITIONS . : ORDER DTD.14.12.2010 1/5 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. 1. S.B. CIVIL WRIT PETITION NO.323/2007 Nand Kishore Versus Union of India and ors. 2. S.B. CIVIL WRIT PETITION NO.7316/2006 Jaikishan Agarwal and sons and ors. Versus Union of India and ors. 3. S.B. CIVIL WRIT PETITION NO.7500/2006 Indian Railway Catering Co-op Society and ors. Versus Union of India and ors. 4. S.B. CIVIL WRIT PETITION NO.7502/2006 Yudhister Bhati and ors. Versus Union of India and ors. 5. S.B. CIVIL WRIT PETITION NO.63/2007 I.R.D.C. Coop. Society Ltd. Versus Union of India and ors. 6. S.B. CIVIL WRIT PETITION NO.148/2007 Suraj Prakash and anr. Versus Union of India and ors. 7. S.B. CIVIL WRIT PETITION NO.182/2007 Smt. Som Prabha Devi Versus Union of India and ors. SBCWP NO.323/2007– NAND KISHORE V/S UNION OF INDIA AND ORS. AND 16 CONNECTED WRIT PETITIONS . : ORDER DTD.14.12.2010 2/5 8. S.B. CIVIL WRIT PETITION NO.185/2007 Smt. Kamla Devi Versus Union of India and ors. 9. S.B. CIVIL WRIT PETITION NO.186/2007 Smt. Pushpa Devi Versus Union of India and ors. 10. S.B. CIVIL WRIT PETITION NO.187/2007 Bikaner Catering Sahkari Samiti Ltd. Versus Union of India and ors. 11. S.B. CIVIL WRIT PETITION NO.188/2007 Brij Lal and Sons Versus Union of India and ors. 12. S.B. CIVIL WRIT PETITION NO.4191/2007 Ramesh Chandra Versus Union of India and ors. 13. S.B. CIVIL WRIT PETITION NO.4192/2007 Ratan Kanwar Versus Union of India and ors. 14. S.B. CIVIL WRIT PETITION NO.127/2009 M/s Bhanwari Lal and sons. Versus Union of India and ors. 15. S.B. CIVIL WRIT PETITION NO.7566/2006 Ram Kishan and sons and ors. Versus Union of India and ors. SBCWP NO.323/2007– NAND KISHORE V/S UNION OF INDIA AND ORS. AND 16 CONNECTED WRIT PETITIONS . : ORDER DTD.14.12.2010 3/5 16. S.B. CIVIL WRIT PETITION NO.7246/2006 Bhoj Raj and anr. Versus Union of India and ors. 17. S.B. CIVIL WRIT PETITION NO.237/2007 Mewar Railway Stall and Trolley Contractor Sangh Versus Union of India and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.J.P. Joshi, } Mr.Rajesh Joshi, } Mr.Harish Purohit, } for the petitioners. Mr.Arjun Singh Rathore, } Mr.Pankaj Sharma, } Mr.Bharat Devasi, } Mr.Kamal Dave, for the respondent – Railways.. DATE OF JUDGMENT : 14th December, 2010. JUDGMENT 1. Heard the learned counsels for the parties. 2. All these writ petitions no longer survive in view of the statement made by the learned counsel for the respondent - Railways Mr. Kamal Dave that in view of new Catering Policy-2010 issued by the Railway Board vide circular dtd.21.7.2010, challenge in the present writ petitions to the old Policy does not survive. He submitted that earlier also, in these writ petitions, interim orders were modified SBCWP NO.323/2007– NAND KISHORE V/S UNION OF INDIA AND ORS. AND 16 CONNECTED WRIT PETITIONS . : ORDER DTD.14.12.2010 4/5 by this Court vide order dtd.15.12.2009 in pursuance of detailed interim order passed by the Hon'ble Supreme court on 16.9.2009. The learned counsel for the respondents submitted that later on the SLP No.10742-10743/2007 - Railways Catering Contractors Association and ors. V/s Union of India and ors. itself has been dismissed as withdrawn by the Hon'ble Supreme Court on 4.8.2010. A copy of that order is placed on record. He further submitted that pursuant to this, the coordinate Bench of this Court at Jaipur in SBCWP No.8678/2010 Nanak Ram and ors. V/s The Divisional Railway Manager and ors. has dismissed a batch of 7 similar writ petitions by order dtd.5.10.2010. A copy of that order is also taken on record. Mr. Kamal Dave, therefore, submitted that all these writ petitions therefore, deserves to be dismissed as infructuous. 3. The learned counsel for the petitioners Mr. Harish Purohit while not disputing the position as to the orders passed by the Hon'ble Apex Court and the Coordinate Bench of this Court at Jaipur, submitted that the Bank guarantee furnished by the petitioners to the extent of 25% of the increased licence fee may be directed to be waived off, as there was sudden increase of licence fee from Rs.3000/- to Rs.10,000/- approximately. 4. Having heard the learned counsels, this Court is of the opinion that there appears to be no valid justification for waiving any SBCWP NO.323/2007– NAND KISHORE V/S UNION OF INDIA AND ORS. AND 16 CONNECTED WRIT PETITIONS . : ORDER DTD.14.12.2010 5/5 part of the increased licence fee, which was paid to the extent of 75% and for remaining 25%, bank guarantee was furnished under the interim order passed by this Court, which was later on modified by this Court on 15.12.2009 in line with the Hon'ble Apex Court's detaild order dtd.16.9.2009. With the dismissal of SLP as withdrawn by the Apex court on 4.8.2010 and Coordinate Bench of this Court at Jaipur having dismissed similar writ petitions on 5.10.2010 as infructuous, this Court is not inclined to accept the aforesaid request of the learned counsel for the petitioners and hence the same is turned down. 5. Accordingly, all these writ petitions are also dismissed as having become infructuous in view of new Catering Policy-2010 announced by the respondent – Railways and dismissal of SLP by the Hon'ble Supreme Court and similar writ petitions by a Coordinate Bench at Jaipur as infructuous. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.5-18 AND s-1 TO 3 Ss/-