Arijit Banerjee, J. - (1.) The writ petitioner/appellant approached the learned Single Judge challenging enhancement of licence fee in respect of refreshment business that he runs at New Cooch Behar Railway Station as licensee under the Railway authorities. The licence fee that the petitioner used to pay was Rs.299/- per month. By a notice dated 6th May, 2013, the Railway authorities informed the petitioner that the licence fee for the refreshment business had been enhanced to Rs.10,890/- per month with effect from 1st November, 2010 i.e. retrospectively. Being aggrieved, the said firm approached the learned Single Judge by filing W.P. 31003(W) of 2013.
(2.) The learned Judge observed that the enhancement was not arbitrary and was in accordance with Clause 18.2 of the Catering Policy, 2010. The learned Judge further observed that no material had been placed before the Court to substantiate that the enhancement of licence fee was perverse and not in accordance with Clause 18.2 of the Catering Policy, 2010. Observing as such, the learned Judge dismissed the writ petition. Being aggrieved, the writ petitioner is before us by way of the present appeal.
(3.) We have heard the learned counsel for the parties. We are of the view that this writ petition should have been disposed of after inviting affidavit from the Railway authorities. The notice communicating enhancement of licence fee did not disclose the basis or reason for such steep enhancement of licence fee from Rs.299/- to Rs.10,890/- per month nor is there any other material on record justifying such enhancement. The Railway authorities should have been directed to file an affidavit disclosing the basis for such enhancement and justifying the same.;