Rameshwar Dixit v. Union of India Thr. Secy. Ministry of Railways,New Delhi & Ors
2013-01-23
SHIVA KIRTI SINGH
body2013
DigiLaw.ai
Devendra Kumar Arora, J.— Heard learned counsel for petitioner and the learned counsel appearing for the concerned railway officials who are respondents. Father of the petitioner, an Ex-Army personnel, was granted Vending/Catering Licence at Railway Station, Pratapgarh who died on 12th December, 2011 at the age of about 85 years. The petitioner was assisting his father in vending work and during his life time an application was moved either for transfer of the licence in the name of petitioner or to include his name in the licence, as father of the petitioner on account of old age, was not in good health. The period of license expired on 3rd February, 2012 but before expiry of the licence the petitioner filed an application on 13.1.2012 to the Divisional Railway Manager (Commercial), Northern Railway, Lucknow for transfer of the license in his name, the same is still pending. Petitioner has claimed that he has deposited licence fee upto 31.8.2012 and there is no dues pending against him or the original licensee. On instructions, learned counsel for the respondents has submitted that there was a challenge made by the original licensee against the upward revision of license fee and on account of an interim order passed in writ petition, requisite license fee was not paid. According to him, on assessment made in 2005, after a period of three years, the license fee had to be revised and on that account, a demand of Rs. 88,600/- is outstanding against the original licensee. From the submissions, it is found that although policy of the Railways apparent from the Circular No. 03/2012 dated 12/13.1.2012 available on record as part of Annexure No. 15, permits consideration of the petitioner's application for transfer of the license in his name as legal heir of the original licensee and its further renewal, orders have not been passed in his favour because of the alleged dues of Rs. 88,600/-. In all fairness, the respondents should have disclosed this fact to the petitioner permitting him to deposit the said amount for allowing the transfer of vending licence in his name and its subsequent renewal. That was apparently not done. However, learned counsel for the petitioner has expressed willingness on the part of the petitioner to deposit the said dues on an understanding that once the dues are deposited, his application shall be favourably considered without any delay.
That was apparently not done. However, learned counsel for the petitioner has expressed willingness on the part of the petitioner to deposit the said dues on an understanding that once the dues are deposited, his application shall be favourably considered without any delay. This writ petition is accordingly disposed of with liberty to the petitioner to deposit the dues of Rs. 88,600/- with the concerned authority and upon such deposit the respondents shall consider and decide the application of the petitioner in light of the policy, evident from the Circular No. 03/2012, noticed above, at an early date, preferably within two months from the date of deposit of the requisite amount by the petitioner. _____________