RAMACHANDRAN, J. :--The Indian Railway Caterers" Association and one of its members, who is functioning as licensee of the Vegetarian Refreshment Stall, Trivandrum were the petitioners in O. P. No. 3107 of 2000, from which W. A. No. 3044 of 2001 arises. The writ petition was filed by them, challenging the proceedings and Circular of the Railway Board (Exts. P3 and P4), revising the rates and licence fee, brought into force from July, 1999. The Association alone is the appellant in the Writ Appeal. During the pendency of the Original Petition, the respondents had brought the attention of the Court to Commercial Circular No. 58/2000 dated 20-10-2000 incorporation the catering policy 2000, along with the counter-affidavit filed. It had not, however, been then subjected to challenge. After the disposal of the Original Petition on 12-7-2001, simultaneously while questioning the correctness of the judgment, the Caterers" Association and the Secretary in his individual name had filed O.P. No. 23352/2001 specifically subjecting to challenge the offending paragraphs of the above catering policy viz., Ext. P1. The learned Senior Counsel Sri M. K, Damodaran had addressed arguments in