IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.614 of 2010 In (CIVIL WRIT JURISDICTION CASE 3059/2010) 1. M/S Lal Behari Sharma Through Its Proprietor Sri Radhey Shyam, S/O Late Lal Behari Sharma, R/O P.O. Rail Mail Service (Rms), P.S. Kotwali, Town & Dist. Gaya …. Appellant. Versus 1. The East Central Railway Null Ministry Of Railways, Union Of India, Through Its General Manager, Hajipur 2. The Divisional Commercial Manager East Central Railway, Hajipur 3. The Indian Railway Catering And Tourism Corporation Limited, A Govt. Of India Enterprise Having Its Regional Office At Biscomaun Tower, 4th Floor, West Gandhi Maidan, Patna 800001 Through Its Regional Manager 4. The Regional Manager, Indian Railway Catering And Tourism Corporation Limited Having Its Regional Office At Biscomaun Tower, 4th Floor, West Gandhi Maidan, Patna 800001 5. The Station Manager Gaya Junction Railway, Gaya…. Respondents. ---------------------------------- For the appellant : Mr. Amitabh Sohan, Adv. For the IRCTC : Mr. M.K.Pathak, Adv. For the Railways : Mr. S.K.Ravi, Advocate. 7. 24.11.2011 Heard the parties. The appellant has preferred this appeal against the judgment and order of the writ court dated 8th March 2010 passed in C.W.J.C.No. 3059 of 2010. By that order the writ petition preferred by the appellant against the order dated 30th January 2010 issued by the Regional Manager, Indian Railway Catering and Tourism Ltd. (in short, “IRCTC”) was dismissed after noticing that the initial licence period in favour of the appellant had expired in the year 2005 and although the appellant had paid licence fee for the stall at Gaya Junction upto 28th February 2 2010, he had no right to continue thereafter. Learned counsel for the appellant relies upon a supplementary affidavit through which a letter dated 9th November 2010 issued by the East Central Railway to all the static catering unit has been annexed as Annexure-4. That letter addressed to the appellant demands for payment of licence fee on annual basis with effect from 1st November 2010 which has been shown to be the date of taking over the control of all the static catering units by the Railways on account of New Railway Catering Policy of 2010 which became effective from 1st November 2010. Another document bearing Licence No. 000016 in the name of Lal Bihari Sharma and Sons has been annexed as Annexure-5 to show that the Railway have now issued a licence for selling fruits for the period 2nd April 2011 to 31st March 2012. Annexure-4, inter alia, provides for a condition that the caterer will be liable to deposit all such amounts of licence fee, electricity bill, fine imposed etc. if advised by IRCTC in due course of time. This Court finds that in substance the appellant has been granted relief by the Railway and hence the dispute itself has become infructuous. 3 The appeal is, therefore, dismissed as infructuous. It goes without saying that the stay order now stands vacated and the Railways will be free to take any decision in the matter in accordance with law. Jay/ (Shiva Kirti Singh,J) (Shivaji Pandey, J)