-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 723 OF 2008 Dilip Shridhar Mayekar ...Petitioner versus Union of India and others ...Respondent WITH WRIT PETITION NO. 733 OF 2008 Hanuman A. Pawar ...Petitioner versus Union of India and others ...Respondent WITH WRIT PETITION NO. 740 OF 2008 Hanuman A. Pawar ...Petitioner versus Union of India and others ...Respondent Mr. Rakesh Agarwal, instructed by Mr. I.R. Ladiwala, for the petitioners in all petitions. Mr. Rui Rodrigues with Mr. M.S. Bhardwaj for the respondents in all petitions. CORAM: P.B. MAJMUDAR & A.A. SAYED, JJ. DATE: AUGUST 20, 2008. P.C. Since the issue involved in all these writ petitions are common, all these petitions are disposed of by this common order with the consent of the learned counsel appearing in the matters. -2- 2. By filing these petitions, the petitioners in all these petitions have prayed that appropriate direction may be issued to the respondents to set aside the impugned notice dated 30th March, 2007, letters dated 3rd January, 2008 and 31st January, 2008. It is also further prayed that appropriate writ, order or direction may be issued to the respondents directing them to pay the balance 2 per cent rebate charges for the period set out in the respective writ petitions. It is also prayed that appropriate injunction may be issued to the respondents from taking any steps to cancel/terminate the franking machine license issued to the petitioners for their bulk mailing business and to allow the petitioners to continue to make use of the franking machines till the hearing and final disposal of these writ petitions. 3. During the course of hearing, learned counsel appearing for the Union of India pointed out that there are disputed questions of fact involved in these matters and, therefore, this Court while exercising its jurisdiction under Article 226 of the Constitution of India cannot decide such disputed questions of fact. He further submitted, on instructions, that if any representation with appropriate factual data is made by the concerned petitioners to respondent No.3, respondent No.3 shall consider such representation and will take appropriate decision in an objective manner. While taking such decision, respondent No.3 will also take into account Government Circulars/Notifications, if any, issued by the Central Government -3- from time to time in this matter. 4. Learned counsel for the respondents also submitted that some licenses have not been renewed and in some cases the validity of the license period is still in existence. He, therefore, submitted that till appropriate decision is taken whatever existing status prevailing in connection with the license in question shall be continued meaning thereby that those licenses which are still in force, no action will be taken for cancelling the said licenses and those licenses which are not renewed, appropriate decision will be taken in this behalf after the decision on such representation. Considering the said aspect of the matter, with the consent of the learned advocates appearing in these matters, all these writ petitions are disposed of with a direction to the respondents that the petitioners in each writ petitions to make appropriate representations to respondent No.3 giving all factual data in such representations within a period of two weeks from today. In such representations, the concerned petitioners may point out all factual data and whatever material petitioners want to rely, same can be annexed along with such representation. Respondent No.3, after affording a reasonable opportunity of hearing to the concerned petitioners, shall take appropriate decision on such representations in accordance with law within a period of two weeks from the date of receipt of the representation. While taking the decision, whatever material is supplied by the petitioners shall be taken into account and if there are any Government Circulars/notifications shall also be taken into account. Till such decision is taken, the status quo in connection -4- with the existence licenses shall continue to operate and two weeks thereafter. If ultimately the decision is against the petitioners, it will be open to the petitioners to take appropriate recourse in accordance with law. 5. All the above writ petitions are disposed of with the aforesaid directions. P. B. MAJMUDAR, J. A.A. SAYED, J.