Gauhati High Court
M/S Tasty Foods vs The Union Of India And 3 Ors on 27 October, 2021
Page No.# 1/5
GAHC010237552015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2418/2015
M/S TASTY FOODS
A PARTNERSHIP FIRM HAVING ITS REGD. OFFICE AT G-5, GF SECTOR-PI,
ELDECO GREEN MEADOWS, GREATER NOIDA-201308, U.P., REP. BY SRI
KAPIL KUMAR
VERSUS
THE UNION OF INDIA and 3 ORS
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF RAILWAYS,
RAIL BHAWAN, NEW DELHI-01
2:THE NORTHEAST FRONTIER RAILWAY
MALIGAON
GUWAHATI
REP. BY ITS CHIEF GENERAL MANAGER
MALIGAON
GUAHATI
3:THE SENIOR DIVISIONAL COMMERCIAL MANAGER
NORTH FRONTIER RAILWAY
LUMDING
4:THE ASSTT. COMMERCIAL MANAGER
NORTH FRONTIER RAILWAY
MALIGAON
GUWAHAT
Advocate for the Petitioner : MS.P SHARMA
Advocate for the Respondent : SC, RAILWAY
Page No.# 2/5
Linked Case : WP(C)/2262/2015
M/S TASTY FOODS
A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT G-5
GF SECTOR-PI
ELDECO GREEN MEADOWS
GREATER NOIDA- 201308
UTTAR PRADESH
REP. BY SRI KAPIL KUMAR.
VERSUS
THE UNION OF INDIA and 3 ORS
REP. BY THE SECY. TO THE GOVT. OF INDIA
MINISTRY OF RAILWAYS
RAIL BHAWAN
NEW DELHI- 110001.
2:THE NORTHEAST FRONTIER RAILWAY
MALIGAON
GUWAHATI
REP. BY ITS CHIEF GENERAL MANAGER
MALIGAON
GUWAHATI.
3:THE SENIOR DIVISIONAL COMMERCIAL MANAGER
NORTH EAST FRONTIER RAILWAY
LUMDING.
4:THE ASSTT. COMMERCIAL MANAGER
N.F. RAILWAY
MALIGAON
GUWAHATI.
------------
Advocate for : MS.A B KAYASTHA
Advocate for : MR.S CHETIA appearing for THE UNION OF INDIA and 3 ORS
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BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : -27.10.2021
1. Mr. R. Dubey, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned
standing counsel for the Railway.
2. This writ petition has been filed by the petitioner seeking extension of his license
in respect of 4(four) Food Vending Stalls which the petitioner has been running for the
past several years in the Gauhati Railway Station Platform under license given by the
NF Railway.
3. The grievance of the petitioner is that in spite of request made before the
authorities concerned, the prayer for renewal of his license has not been granted.
Instead the NF Railway authorities by order dated 06.02.2015 intimated that the
license of such leasees will not be extended further. Apprehending eviction, the writ
petition was filed by the petitioner impugning the order dated 06.02.2015. This Court
while issuing notice vide order dated 27.04.2015 was pleased to pass an interim order
suspending the operation of the impugned order dated 6 th February, 2015 (Annexure-
7).
4. On the strength of the interim order passed by this Court, the petitioner is
presently continuing to operate his vending stalls on the platform of the Guwahati
Railway Station.
5. Mr. B. Sarma, learned standing counsel for the Railways submits that the present
Catering Policy of 2017 which is a part of pleadings does not contemplate renewal of
any license. As such, he submits that interim order be vacated and the writ petition be
dismissed.
6. The learned counsel for the petitioners has relied upon the Judgment of the Apex
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Court in Senior Divisional Commercial Manager, South Central Railways and Others -
Vs- S.C.R. Caterers, DRY Fruits, Fruits Juice Stalls Welfare Association and Anr.
reported in (2016) 3 SCC 582 where the Apex Court while considering the Catering
Policy of 2010 arrived at a finding that renewals are required to be considered and
allowed by the Railways authorities. In respect of the said judgment passed by the
Apex Court, subsequently certain clarifications were sought for by the parties thereto
and the Apex Court vide order dated 30.10.2018 further clarified the earlier Judgment
of the Apex Court vide order dated 30.10.2018 passed in WP(C) No. 373/2017.
7. The learned counsel for the petitioner submits that the mandate of the Supreme
Court is binding on the Railways and, therefore, the contention of the railways that
under the new Policy no renewal is permissible cannot be countenanced in view of the
judgment of the Apex Court rendered in Senior Divisional Commercial Manager, South
Central Railways and Others (supra).
8. The learned counsel for the petitioner submits that the ratio of the Judgment will
be applicable the Catering Policy of 2017 as well.
9. Although the matter was heard at some length during the course of the hearing,
it is found, however, that there is no specific prayer challenging the 2017 Policy or
seeking any interpretation of any of the clauses pertaining to the Catering Policy of
2017. Thus situated, the learned counsel for the applicant seeks some time to obtain
instructions and take necessary steps in this regard, if so advised.
10. The learned counsel for the Railway expresses urgency in the matter that in view
of the Catering Policy of 2017 as tenders are required to be invited for, but the same
could not be done in view of the interim order passed by this Court.
11. In terms of the prayers made, the learned counsel for the petitioner is permitted
to take appropriate steps in the matter challenging the Catering Policy of 2017, if so
advised.
12. List this matter again after 2(two) weeks.
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13. Interim order in WP(C) No. 2418/2015 passed on 27.04.2015 and in WP(C) No.
2262/2015 passed on 10.04.2015 will continue.
JUDGE
Comparing Assistant
