Gauhati High Court
Page No.# 1/4 vs The Union Of India And 7 Ors on 19 May, 2023
Page No.# 1/4
GAHC010103212023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2676/2023
M/S JAYANTA KUMAR GHOSH OUT DOOR CATERING PRIVATE LTD. AND
ANR.
HAVING ITS REGISTERED OFFICE AT 119/3 M N K ROAD GROUND FLOOR
BARAHNAGAR KOLKATA 700036 THROUGH ITS DIRECTOR AND
SHAREHOLDER JAYANTA KUMAR GHOSH
2: JAYANTA KUMAR GHOSH
S/O LT BALARAM GHOSH NEAR OLD LOWER HAFLONG RAILWAY
STATION P O. LOWER HAFLONG P.S. HAFLONG DIST. DIMA HASO ASSAM
PIN 788819 PRESENTLY AT HOUSE NO. 44 K.C. PATOWARY LANE PALTAN
BAZAR GUWAHATI 78100
VERSUS
THE UNION OF INDIA AND 7 ORS.
THROUGH THE SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAWAN,
RAISINA ROAD, NEW DELHI- 110001
2:THE RAILWAY BOARD
THROUGH THE DIRECTOR (TRAFFIC AND CONTROL)
RAIL BHAWAN
RAISINA ROAD
NEW DELHI- 110001
3:THE GENERAL MANAGER
NORTHEAST FRONTIER RAILWAY
MALIGAON
GAUHATI- 781011
4:THE CHIEF COMMERCIAL MANAGER (PM AND CATERING)
NORTHEAST FRONTIER RAILWAY
MALIGAON
GAUHATI- 781011
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5:SENIOR DIVISIONAL COMMERCIAL MANAGER NORTHEAST FRONTIER
RAILWAY
MALIGAON
GAUHATI- 781011
NORTHEAST FRONTIER RAILWAY
LUMDING ASSAM 782447
6:THE DIVISIONAL RAILWAY MANAGER (CATERING)
NORTHEAST FRONTIER RAILWAY
LUMDING ASSAM 782447
7:ASSISTANT COMMERCIAL MANAGER
NORTHEAST FRONTIER RAILWAY
GAUHATI- 781001
8:THE RAILWAY PROTECTION FORCE
INCHARGE KAMKHYA RAILWAY STATION GUWAHATI 781010 ASSA
Advocate for the Petitioner : MS. B CHOWDHURY
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
19.05.2023
Heard Mr. P.K. Goswami, learned senior counsel assisted by Ms. B. Chowdhury, learned
counsel for the petitioner and Mr. H. Gupta, learned Central Government Counsel [CGC] for all
the respondents.
2. The petitioner was granted a Letter of Acceptance [LoA] on 12.12.2016 [Annexure-D]
in respect of stall no. 15 at Kamakhya Railway Station Platform no. 2 & 3 pursuant to a tender
process initiated by a Tender Notice no. C/15 of 2014. The contract agreement was
thereafter, signed on 10.05.2018 for a period of 5 [five] years up to 18.07.2020. By the
impugned order dated 08.05.2023 [Annexure-A], the respondent no. 4 has asked the
petitioner to vacate the stall which is a General Minor Unit, by 19.05.2023.
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3. Mr. Goswami, learned senior counsel appearing for the petitioner has submitted that
the petitioner was granted the license for the General Minor Unit under the Catering Policy,
2010. In the Catering Policy, 2010, there was provision for renewal of the license. But in the
Catering Policy introduced in the year 2017, that is, Catering Policy, 2017, the provision for
renewal was done away with by Clause 20.1 therein. However, in Clause 20.2, it has been
provided that the tenders that have been finalized and LoA issued prior to the date of
notification of the Catering Policy, 2017, shall be allowed to continue as per the policy
guidelines prevailing at that time which, according to him, would be the Catering Policy, 2010.
As the LoA to the petitioner was issued on 12.12.2016, the petitioner is entitled for renewal of
the license in respect of the General Minor Unit and as such, the impugned order dated
08.05.2023 is not in conformity with the provisions of the Catering Policy, 2010 and the
Catering Policy, 2017, more particularly, Clause 20.2 contained therein. He has referred to an
order dated 27.04.2023 of the Division Bench of this Court passed in the writ appeal, W.A. no.
124/2023 whereby an order of status quo in respect of the said appellant's license has been
maintained. Mr. Goswami has submitted that the petitioner is similarly situated like the
appellant in writ appeal, W.A. no. 124/2023. As the writ appeal, W.A. no. 124/2023 is pending
as on date, a similar order of status quo in respect of the petitioner is called for. By referring
to the Railway Board Circular dated 21.05.2019 [Annexure-H], Mr. Goswami has submitted
that by the said Circular, all Zonal Railways are advised to maintain status quo in respect of
Minor Catering Units as existed on 31.03.2019 over Indian Railways till further orders are
issued from the Railway Board.
4. Mr. Gupta, learned CGC appearing for all the respondents has submitted that there is
no renewal clause in the Catering Policy, 2017, as has been decided in two writ petitions, W.P.
[C] no. 5313/2017 and W.P.[C] no. 5143/2014 by a judgment and order dated 24.01.2023.
When the said judgments were challenged by intra-court appeals - W.A. no. 47/2023 and
W.A. no. 54/2023, the Division Bench of this Court disposed of the same by a common
judgment and order dated 13.03.2023 without interfering with the decision of the learned
Single Judge which has held that the Catering Policy, 2017 does not provide for renewal of
license of catering vans/stalls.
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5. The matter would require further examination.
6. Issue notice, returnable in 3 [three] weeks.
7. As Mr. Gupta has appeared and accepted notice on behalf of all the respondents, no
formal notices are needed to be issued to the respondents. Ms. Chowdhury shall furnish
requisite nos. of extra copies of the writ petition along with the annexures, to Gupta within 3
[three] working days from today.
8. Clause 20.2 of the Catering Policy, 2017 has specifically provided that tenders that
have been finalized and LoA issued prior to the date of notification of the Catering Policy,
2017 shall be allowed to be renewed as per the policy guidelines prevailing at that time. The
Catering Policy, 2017 was notified on 27.02.2017 whereas the LoA, in the case in hand, was
issued on 12.12.2016. The LoA was issued to the petitioner in terms of the provisions of the
Catering Policy, 2010. Considering the fact that the Division Bench of this Court in the writ
appeal, W.A. no. 124/2023 passed an order of status quo in respect of a license of the
appellant therein, projected to be similarly situated like the petitioner herein, the status quo
in respect of the license granted to the petition in respect of the General Minor Unit under
reference, shall be maintained till the returnable date.
9. List the case after 3 [three] weeks.
JUDGE
Comparing Assistant
