Page No.# 1/3 vs Union Of India And 5 Ors
2023 Latest Caselaw 1334 Gua

                                                              Page No.# 1/3

GAHC010070222023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/1828/2023

         M/S DEEPAK AND CO. AND ANR.
         A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP
         ACT, 1932 HAVING ITS OFFICE AT 7, HARGOBIND ENCLAVE, ANAND
         VIHAR, DELHI- 110092, THROUGH ITS PARTNER MR. RAKESH KUMAR
         GUPTA.

         2: RAKESH KUMAR GUPTA
          S/O- LATE SHRI S.L. GUPTA
         PARTNER- M/S DEEPAK AND CO.
         7
          HARGOBIND ENCLAVE
         ANAND VIHAR
          DELHI- 110092

         VERSUS

         UNION OF INDIA AND 5 ORS.
         THROUGH THE SECRETARY,
         MINISTRY OF RAILWAYS, RAIL BHAWAN,
         RAISINA ROAD, NEW DELHI.

         2:THE GENERAL MANAGER
          NORTHEAST FRONTIER RAILWAY
          MALIGAON
          GAUHATI- 781011.

         3:THE CHIEF COMMERCIAL MANAGER (PM AND CATERING)
          NORTHEAST FRONTIER RAILWAY
          MALIGAON
          GAUHATI- 781011.

         4:THE DIVISIONAL RAILWAY MANAGER (CATERING)
          NORTHEAST FRONTIER RAILWAY
          LUMDING
                                                                            Page No.# 2/3

             ASSAM- 782447.

            5:SENIOR DIVISIONAL COMMERCIAL MANAGER
             NORTHEAST FRONTIER RAILWAY
             LUMDING
            ASSAM- 782447.

            6:ASSISTANT COMMERCIAL MANAGER
             NORTHEAST FRONTIER RAILWAY
             LUMDING
            ASSAM- 782447

Advocate for the Petitioner   : MS. B CHOWDHURY

Advocate for the Respondent : DY.S.G.I.




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

Date : 30-03-2023

Heard Ms. B Chowdhury, learned counsel for the petitioners, who submits that the Communication dated 02.03.2023 issued by the respondent No. 5, requesting the petitioners to vacate their catering stalls, due to their licenses having expired, should be set aside. The learned counsel relies upon clause 16.1.3 of the Catering Policy, 2010, para 27 of the judgment passed by the Apex Court in Civil Appeal No. 618-620/2016 ( Senior Divisional Commercial Manager & Ors. -vs- S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association & Anr. ) and the order dated 30.10.2018 passed in Vendors Cooperative Society Ltd. & Ors. - vs- Union of India & Ors. (WP(C) No. 373/2017), in support of her submission that the renewal of the petitioners' catering stall licenses would have to be done, unless the respondents find that the performance of the petitioners, in running the catering stalls, have not been satisfactory.

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Mr. RKD Chouhdury, learned Deputy SGI, on the other hand, submits that the judgment and orders of the Apex Court referred to by the petitioners' counsel, pertains to the Catering Policy of 2010, wherein there was a provision for renewal of the catering stall license being run in A1 and A category Railway Stations. However, there is no provision for renewal of license in the Catering Policy of 2017, which has superseded the earlier Catering Policy of 2010. In this regard, he has relied upon Clause 11.2 of the Catering Policy, 2017. He also submits that in terms of Clause 20.2 of the Catering Policy, 2017, tenders that had been finalised and Letter of Award (LOA) issued prior to the coming into force of the Catering Policy, 2017, the licenses issued on the basis of the process initiated under the Catering Policy, 2010, would be allowed to continue as per the Policy guidelines prevailing at that time. However, once the period of 5 (five) years expired, no further renewal of the license could be given in terms of the Catering Policy, 2017. In support of his submission, the learned Deputy SGI has relied upon the order dated 24.01.2023 passed in WP(C) No. 5143/2014.

On the prayer of the petitioners' counsel, list the matter tomorrow, i.e . 31.03.2023.

JUDGE

Comparing Assistant