Rajesh Shankar, J. - (1.) The present writ petition has been filed for quashing the letter of demand dated 27.04.2016 and 05.05.2016 issued by the respondent no. 5- Chief Commercial Inspector, Chakradharpur and respondent no. 2 - Senior Divisional Commercial Manager, South Eastern Railway, Chakradharpur respectively, whereby the demand has been made for licence fee and also for quashing the letter of termination of contract of parking stand issued on 07.07.2016 by the respondent no. 3 -Divisional Commercial Manager, Chakradharpur in favour of the petitioner.
(2.) The factual background of the case as stated in the writ petition is that the respondents issued Tender Notice No. Com. 75/Cycle Stand/CKP/15 dated 05.01.2015 for running and managing the parking stand for two wheeler/cycle at Chakradharpur Railway Station for three years. Pursuant thereto, the petitioner applied and was allotted the tender and the Letter of Acceptance was issued on 10.04.2015. The petitioner thereafter deposited the advance licence fee for three months and security deposit by way of Bank Guarantee. A contract agreement was also executed between the parties being Com.75/Cycle Stand/CKP/15 dated 09.07.2015.
(3.) The case of the petitioner is that for few months, the petitioner worked properly, however, in the month of September-October 2015, the respondents curtailed the area of the parking stand of the petitioner and started another parking space which affected her business which caused delay in deposit of licence fee for the period of 22.10.2015 to 21.07.2016. In the meantime, the husband of the petitioner also fell ill and due to the said reason also, the petitioner was unable to deposit the Advance Licence Fee in time. The respondents issued letter dated 27.04.2016 and 05.05.2016 informing inter alia that the licence fee for the period from 22.10.2015 to 21.07.2016 is due, whereupon the petitioner filed representation before the respondents on 27.06.2016 and requested for grant of further time to clear the dues by 31.07.2016, however, no order was passed on the said representation. Thereafter, vide order dated 07.07.2016, the respondents terminated the contract of the petitioner granted for operation of Parking Stand at Chakradharpur Railway Station for 3 years.;