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2023 Supreme(Gau) 414

DEVASHIS BARUAH
N. F. Railway Vending And Catering Contractors Association Lumding Division Rep. By Its Secretary Sri Rakesh Barua S/o. Lt. Nalini Ranjan Barua – Appellant
Versus
Union Of India, rep. By The General Manager – Respondent


Advocates Appeared:
For the Petitioner: Mr. T.H. Hazarika.
For the Respondents: Mr. B. Sharma, Dr. B.N. Gogoi, Mr. A.N. Singh.

JUDGMENT :

1. Heard Mr. T.H. Hazarika, learned counsel appearing on behalf of the petitioner. Mr. B. Sharma and Dr. B.N. Gogoi, learned counsels appearing for the respondent nos.1, 2 & 4 and Mr. A.N. Singh, learned counsel appearing for the respondent no.3.

2. The instant writ petition has been filed by an Association representing the Vending and Catering Contractors of N.F. Railway challenging the Commercial Circular No.20/2017 formulated as Catering Policy 2017 dated 27.02.2017.

3. It is the case of the petitioner association that the respondent authorities had demanded upon the members of the petitioner association that they would accept Licence Fee only at a rate of 12% per month of the total sale, which was very high rate for which the petitioner association had instituted a proceeding before this Court which was registered and numbered as WP(C) No.1506/2016. This Court vide an order dated 16.03.2016, while issuing notice had directed that in the interim no coercive measures should be taken for realisation of the enhanced arrear as the same would be subject to the outcome of Arbitration Appeal No.21/2015. It was further directed vide the said order that the non-payment of the

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