Page No.# 1/6 vs The Union Of India And 5 Ors
2024 Latest Caselaw 2888 Gua

Gauhati High Court

Page No.# 1/6 vs The Union Of India And 5 Ors on 1 May, 2024

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                    Page No.# 1/6

GAHC010290732019




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

                          Case No. : WP(C)/8979/2019

         PRITHVI RAJ GUPTA AND 15 ORS.
         S/O SRI SANT LAL GUPTA, RD. NO.-2, P.O.-NORTH LAKHIMPUR, DIST-
         LAKHIMPUR, ASSAM, PIN-787001

         2: RAM KEWAL SINGH
          S/O LATE NAHUNI SINGH
         VILL-GUTIBARI
          P.O.-MARBILL
          P.S.-LALUK
          DIST-LAKHIMPUR
         ASSAM
          PIN-784160

         3: BHARAT SHA
          S/O LATE RAM NRESH SHA
         VILL-GUTIBARI
          P.O.-MARBILL
          P.S.-LALUK
          DIST-LAKHIMPUR
         ASSAM
          PIN-784160

         4: N. RAJAK
          S/O LATE GAYA RAJAK
         VILL-GUTIBARI
          P.O.-MARBILL
          P.S.-LALUK
          DIST-LAKHIMPUR
         ASSAM
          PIN-784160

         5: GOBIND SHAH
          S/O SRI CHATTARBHUJ SHA
         VILL-GUTIBARI
                               Page No.# 2/6

P.O.-MARBILL
P.S.-LALUK
DIST-LAKHIMPUR
ASSAM
PIN-784160

6: DEVNARAYAN SHA
 S/O LATE JHAGRU SHA
 SILAPATHAR RAILWAY STATION
 STATION ROAD
 P.O.-SILAPATHAR
 P.S.-SILAPATHAR
 DIST-DHEMAJI
ASSAM
 PIN-787059

7: MANISH KR. SAH
 S/O SRI ASHOK SAH
 SILAPATHAR RAILWAY STATION
 STATION ROAD
 P.O.-SILAPATHAR
 P.S.-SILAPATHAR
 DIST-DHEMAJI
ASSAM
 PIN-787059

8: RAKESH SAH
 S/O RAMWKWAL SAH
 SILAPATHAR RAILWAY STATION
 STATION ROAD
 P.O.-SILAPATHAR
 P.S.-SILAPATHAR
 DIST-DHEMAJI
ASSAM
 PIN-787059

9: SINDESWAR SAH
 S/O LATE SIKDEV SAH
 SILAPATHAR RAILWAY STATION
 STATION ROAD
 P.O.-SILAPATHAR
 P.S.-SILAPATHAR
 DIST-DHEMAJI
ASSAM
 PIN-787059

10: GANESH SAHU
 S/O LATE BISWANATH SAHU
                                      Page No.# 3/6

WARD NO.-6 DHEMAJI TOWN
P.O.-ARADHAL
P.S.-DHEMAJI
DIST-DHEMAJI
ASSAM
PIN-787057

11: SUDEB DAS
 S/O LATE SUBAL CHANDRA DAS
 CHENICHUK WARD NO.-6 DHEMAJI TOWN
 P.O.-ARADHAL
 P.S.-DHEMAJI
 DIST-DHEMAJI
ASSAM
 PIN-787057

12: PROMOD KR. RAI
 S/O LATE HAZARI RAI
WARD NO. 2 P.O.-NORTH LAKHIMPUR
 P.S.-LAKHIMPUR
 DIST-LAKHIMPUR
ASSAM
 PIN-787001

13: BIRENDRA RAI
 S/O SRI SITAL RAI
WARD NO. 2 P.O.-NORTH LAKHIMPUR
 P.S.-LAKHIMPUR
 DIST-LAKHIMPUR
ASSAM
 PIN-787001

14: BIRENDRA SAH
 S/O SRI NAGINA SAH
WARD NO. 2 P.O.-NORTH LAKHIMPUR
 P.S.-LAKHIMPUR
 DIST-LAKHIMPUR
ASSAM
 PIN-787001

15: BINOD SHAH
 S/O SRI NAGINA SAH
WARD NO. 2 P.O.-NORTH LAKHIMPUR
 P.S.-LAKHIMPUR
 DIST-LAKHIMPUR
ASSAM
 PIN-787001
                                                                 Page No.# 4/6

            16: MUKESH KUMAR
             S/O SRI LALU SAH
            WARD NO. 2 P.O.-NORTH LAKHIMPUR
             P.S.-LAKHIMPUR
             DIST-LAKHIMPUR
            ASSAM
             PIN-78700

            VERSUS

            THE UNION OF INDIA AND 5 ORS.
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
            MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI-110001

            2:GENERAL MANAGER
             N.F. RAILWAY
             MALIGAON
             GUWAHATI-11

            3:THE DIVISIONAL RAILWAY MANAGER (C)
             N.F. RAILWAY
             RANGIA DIVISION
             RANGIA
             DIST-KAMRUP
            ASSAM

            4:THE CHIEF COMMERCIAL MANAGER
             N.F. RAILWAY
             MALIGAON
             GUWAHATI-11
             DIST-KAMRUP (M)
            ASSAM

            5:THE DIVISIONAL COMMERCIAL MANAGER
             RANGIA DIVISION
             RANGIA
             DIST-KAMRUP
            ASSAM

            6:THE FA AND CAO
             N.F. RAILWAY
             MALIGAON
             GUWAHATI-11
             DIST-KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. M CHANDA
                                                                       Page No.# 5/6

Advocate for the Respondent : SC, RAILWAY




                                BEFORE
              HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                       ORDER

01.05.2024

1. No one appears for the petitioners.

2. Mr. B. Sarma, learned counsel appears for the Railways and submits that this matter is covered by the order dated 31.03.2023 passed in WP(C) No. 1828/2023, which was disposed of in pursuance to the judgment and order passed in WP(C) No. 5313/2017, WP(C) No. 5143/2014, WA No. 47/2023 and WA No. 54/2023.

3. In the order dated 31.03.2023 passed in WP(C) No. 1828/2023, it has been stated that there is no clause providing for extension of licences for running catering units/stalls beyond 5 years under the Catering Policy of 2017. On the other hand, the case of the petitioners herein is that they have been given licences on the basis of the Catering Policy of 2010 and was allowed to continue thereafter. However, in view of the Catering Policy of 2017, the stand of the petitioners appear to hold no water any longer. This Court further held in the order dated 31.03.2023 passed in WP(C) No. 1828/2023 that persons who have catering vends/stalls extended beyond 5 years, in terms of the earlier Catering Policy of 2010, cannot have any legitimate right to have renewal of their licenses in terms of the Catering Policy of 2017.

4. The above being said, as no one appears on behalf of the petitioners, the Page No.# 6/6

writ petition is dismissed for non-prosecution.

5. Interim order passed earlier stands vacated.

JUDGE

Comparing Assistant