D.Dharmalinga Reddy vs. The Divisional Railway Manager
Held
The Court, while not directly ruling on the legality of the conversion notice or the enhanced license fee, disposed of the writ petition in the interest of justice. The Court found it appropriate to grant the petitioner liberty to file an application for renewal of the license with the 2nd respondent within two weeks of receiving the order. Upon submission of such an application, the 2nd respondent was directed to consider it in accordance with applicable laws and rules, and pass appropriate orders expeditiously, preferably within four weeks, and communicate the decision to the petitioner. The Court did not decide on the merits of the petitioner's challenge to the conversion notice or the fee structure.
Facts
The petitioner, operating 'Teja Book Stall' at Tirupati railway station, challenged a conversion notice dated February 13, 2019, issued by the 2nd respondent. This notice demanded a license fee of Rs. 7,86,752/- for one year, effective January 6, 2019, to January 5, 2020. The fee was calculated by converting the book stall to a multipurpose stall and imposing an abnormal rate of 1700%, including security deposit and GST. The petitioner argued that the original license fee was Rs. 463/- paid on March 30, 1992, which was subsequently enhanced. The petitioner's license expired on March 31, 2019, and the stall was allegedly locked, preventing business operations. The writ petition was filed challenging the conversion notice.
Key Issues
1. Whether the conversion notice dated February 13, 2019, imposing an enhanced license fee of Rs. 7,86,752/- by converting the book stall to a multipurpose stall, including a 1700% increase, security deposit, and GST, is arbitrary and illegal? Petitioner's arguments: The petitioner contended that the demand for an exorbitant license fee, representing a 1700% increase, is arbitrary and illegal. They highlighted the initial license fee and subsequent enhancements, arguing that the current demand is disproportionate and unjustified. The petitioner also stated that their license had expired and they were prevented from operating their business. Revenue/State's arguments: The judgment does not record any specific arguments made by the revenue or state respondents. The court's decision was based on the facts presented and in the interest of justice.
AI-generated summary — verify with the full judgment below
THE HON’BLE SRI JUSTICE M.GANGA RAO Writ Petition No. 4307 of 2019
ORDER: The case of the petitioner is that he was granted licence for running a book stall under the name and style of ‘Teja Book Stall’ at Tirupati railway station on payment of licence fee of Rs.463/- on 30.03.1992. The respondents have collected the licence fee @ 2 ½% on the actual sales and enhanced the same from time to time @ 12% on the actual sales. Now, the 2nd respondent has issued the conversion notice dated 13.02.2019 stating that the petitioner was directed to pay the licence fee of Rs.7,86,752/- for a period of one year w.e.f., 06.01.2019 to 05.01.2020 by converting the Book stall to Multipurpose stall and by imposing abnormal licence fee @ 1700% including security deposit and GST, on or before 31.03.2019 or else the stall will be terminated. Challenging the same, the writ petition is filed.
On perusal of the record, this Court found that the petitioner’s licence was expired on 31.03.2019 and the case of the petitioner is that the stall is kept under lock and key and he is not permitted to do his business.
In the facts and circumstances of the case and on perusal of t
The judgment continues below.
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