C P MISHRA & BROTHERS Vs. UNION OF INDIA
LAWS(JHAR)-2018-7-170
HIGH COURT OF JHARKHAND
Decided on July 31,2018

C P Mishra And Brothers Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Anubha Rawat Choudhary, J. - (1.) Heard Mr. Rajeev Ranjan Tiwari, counsel appearing on behalf of the petitioner.
(2.) Heard Mr. Abhishek Kumar Dubey, counsel appearing on behalf of the respondents.
(3.) This writ petition has been filed for the following reliefs. (i) For quashing the letter dated 23.05.2013 issued vide Memo No. COM:7/CATG./TATA/CPM/13, so far it relates to deposit of Advance License Fee of Rs. 8,61,850/- which is much higher then last License Fee, paid by the petitioner and which is also not calculated as per the policy decision of the railway, as the same has been enhanced without following the due process and also without giving any opportunity of hearing/negotiation, with the present petitioner; (ii) The petitioner further prays for issuance of direction upon the respondents to determine the License Fee of the present petitioner, as per the Policy Decision of the Railways by conducting the Sale Drive on actual sale basis and thereby determine the License Fee, which the petitioner is ready to pay on demand. (iii) The petitioner further prays for restraining the respondents not to take coercive action for realization of enhanced License Fee; however, the petitioner is ready to deposit the License fee which the petitioner is paying till date:;


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