'Petitioners cannot feign poverty': Calcutta High Court dismisses Sealdah Railway Station vendors' plea seeking license renewal

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Calcutta High Court has dismissed a petition by vendors at Sealdah Station seeking renewal of their license for running 'Dallas' (vending units). Vendors had sought court's intervention stating that being vendors of small toys, chocolates, and biscuits they cannot afford to pay the renewal fee.

Refusing to entertain their plea, the bench of Justice Rajsekhar Mantha said, "It is explicit and clear that there is a huge amount of income that is generated out of the operations of these Dallas and the writ petitioners cannot feign poverty."

The petition filed by one Ram Dour Barui contended, "under the catering policy of the year 2010, the writ petitioners have the right of such renewal. However, the said policy of the year 2010 has been replaced by the policy of the year 2017. Under the new policy, there is no provision for the renewal of any Dallas or vending units. However, the railway authority still allowed them to renew with an annual fee of Rs.3,29,721/- per annum, and arrears of 11 lacs."

Therefore, stating their small income, the vendors had expressed their inability to pay this huge amount.

On the contrary, the railway had asserted that after the implementation of the policy of 2017, tenders were received. The minimum bid received for one Dalla at the Howrah Station was a sum of Rs.22,00,000/- , and the highest bid went up to Rs.54,00,000/-.

Taking note of Railway's submission, Court dismissed the vendors' petition stating, 

"Court is of the view that the grievances of the writ petitioners cannot be entertained. The railways cannot be faulted for having developed the tariff, which is based on lawful considerations and prepared by the Senior Administrative Grade (SAG) committee."

Ram Dour Barui @ Ram Deo Barui and Ors. Vs. Union of India and Ors.