Deo Prasad vs. The Zonal Manager

Facts

The petitioner, Deo Prasad, held a license for an M.P.S. stall on platform no. 1 of Sachiwalay Halt. The Senior Divisional Commercial Manager, Danapur, issued a letter dated 24.10.2018, increasing the annual license fee from Rs. 1501/- to Rs. 13,509/-. Subsequently, a letter dated 11.02.2020 from the Divisional Commercial Manager, Danapur, directed the petitioner to deposit the enhanced license fee along with arrears and GST by 29.02.2020, failing which legal action would be taken. The petitioner challenged these letters, seeking to quash them and obtain a stay on the enhanced fee.

Held

The Court did not decide the merits of the case. The petitioner sought permission to withdraw the writ petition, reserving liberty to approach the authority for redressal of grievances in accordance with law. The Court granted this permission. Therefore, no finding was reached on the legality or sustainability of the enhanced license fee or the demand for arrears and GST. The issues raised by the petitioner were not adjudicated upon by the Court. The operative direction was to dispose of the petition with liberty to the petitioner to approach the appropriate authority.

Key Issues

1. Whether the impugned letter dated 24.10.2018, increasing the license fee from Rs. 1501/- per annum to Rs. 13,509/- per annum for the M.P.S. stall, is unnatural, unsustainable in law, and liable to be quashed? 2. Whether the impugned letter dated 11.02.2020, directing the deposit of the enhanced license fee along with arrears and GST, is legally tenable? Petitioner's Arguments: The petitioner argued that the increase in license fee was unnatural and unsustainable in law. The petitioner sought to quash both impugned letters and for a direction to stay the enhanced fee during the pendency of the writ petition. Respondent's Arguments: The judgment does not record any specific arguments made by the respondents. However, the respondents issued the impugned letters which are the subject of the challenge.