Kerala High Court
A.Sarabeevi vs Southern Railway on 13 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
W.P.(C).Nos.5047/23 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 5047 OF 2023
PETITIONER:
RAJENDRA KUMAR RAVINDRAPAL MANGLA
AGED 58 YEARS
S/O RAVINDRA PAL MANGLA, FLAT NO.1804, BUILDING
NO.5, SAPHIRE HEIGHT C.H.S.L, NEAR LOKHANDWALA
FOUNDATION SCHOOL, AKURLI ROAD, LOKHANDWALA
TOWNSHIP, KANDIVALI (E), MUMBAI., PIN - 400101
BY ADVS.
K.SANEESH KUMAR
V.B.SANTHINI
RESPONDENTS:
1 SOUTHERN RAILWAY
REPRESENTED THROUGH ITS, SENIOR DIVISIONAL
COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISION
OFFICE, COMMERCIAL BRANCH, (PALAKKAD DIVISION)
PALAKKAD DISTRICT, PIN - 678002
2 SENIOR DIVISIONAL COMMERCIAL MANAGER
SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL
BRANCH, (PALAKKAD DIVISION) PALAKKAD DISTRICT.,
PIN - 678002
W.P.(C).Nos.5047/23 & con.cases
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3 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
RAILWAYS, (RAILWAY BOARD) CENTRAL SECRETARIAT,
NEW DELHI., PIN - 110001
4 THE PRINCIPAL CHIEF COMMERCIAL MANAGER
HEADQUARTERS OFFICE, COMMERCIAL BRANCH, CHENNAI.,
PIN - 600003
5 RAJIVBHAI GANESHBHAI GUPTA
450, SAMIR NAGAR, C.H.S.L, BEHIND SUN FLOWER ENG-
SCHOOL, BHIKSHUK GRUH, ODHAV P.O, AHMEDABAD,
STATE OF GUJARAT, PIN - 382415
BY ADV Girish Kumar V
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON.
ON 05.09.2024, ALONG WITH WP(C).13332/2024 AND CONNECTED
CASES, THE COURT ON 13.09.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos.5047/23 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO.34185 OF 2023
PETITIONER:
RAJENDRA KUMAR RAVINDRAPAL MANGLA
AGED 58 YEARS
S/O RAVINDRA PAL MANGLA, FLAT NO.1804, BUILDING
NO.5, SAPHIRE HEIGHT C.H.S.L, NEAR LOKHANDWALA
FOUNDATION SCHOOL, AKURLI ROAD, LOKHANDWALA
TOWNSHIP, KANDIVALI (E), MUMBAI-, PIN - 400101
BY ADVS.
K.SANEESH KUMAR
V.B.SANTHINI
RESPONDENTS:
1 SOUTHERN RAILWAY
REPRESENTED THROUGH ITS, SENIOR DIVISIONAL
COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISION
OFFICE, COMMERCIAL BRANCH, (PALAKKAD DIVISION)
PALAKKAD DISTRICT-, PIN - 678002
2 SENIOR DIVISIONAL COMMERCIAL MANAGER
SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL
BRANCH, (PALAKKAD DIVISION) PALAKKAD DISTRICT-,
PIN - 678002
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3 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
RAILWAYS, (RAILWAY BOARD) CENTRAL SECRETARIAT,
NEW DELHI-, PIN - 110001
4 THE PRINCIPAL CHIEF COMMERCIAL MANAGER
HEADQUARTERS OFFICE, COMMERCIAL BRANCH, CHENNAI,
PIN - 600003
BY ADV MINI GOPINATH -CGC .
OTHER PRESENT:
DSGI IN CHARGE T.C.KRISHNA;; CGC V.GIRISH KUMAR;
CGC ACHYUTH KRISHNAN; CGC S.KRISHNA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.09.2024, ALONG WITH WP(C).13332/2024 AND CONNECTED
CASES, THE COURT ON 13.09.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos.5047/23 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 13332 OF 2024
PETITIONER:
A.SARABEEVI
AGED 46 YEARS
D/O LATE ABDUL AZEEZ, EMM MAIN STREET, DIESEL
LOCO SHED OPP ROAD, ERODE P.O, TAMILNADU, PIN -
638001
BY ADVS.
K.SANEESH KUMAR
V.B.SANTHINI
RESPONDENTS:
1 SOUTHERN RAILWAY
REPRESENTED THROUGH ITS, SENIOR DIVISIONAL
COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISION
OFFICE, COMMERCIAL BRANCH, (PALAKKAD DIVISION)
PALAKKAD DISTRICT, PIN - 678002
2 SENIOR DIVISIONAL COMMERCIAL MANAGER
SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL
BRANCH, (PALAKKAD DIVISION) PALAKKAD DISTRICT,
PIN - 678002
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3 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
RAILWAYS, (RAILWAY BOARD) CENTRAL SECRETARIAT,
NEW DELHI, PIN - 110001
BY ADV ACHUTH KRISHNAN R
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.09.2024, ALONG WITH WP(C).5047/2023 AND CONNECTED
CASES, THE COURT ON 13.09.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos.5047/23 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 15594 OF 2024
PETITIONER:
M/S M G FOODS AND BEVERAGES
REPRESENTED BY ITS PROPREITOR, MANOJ.M.G, AGED 39
YEARS, S/O GANGADHARAN NAIR, 20/754,THANIKAL
BUILDING, MANJAKKAD, SHORNUR, PALAKKAD DISTRICT
NOW RESIDING AT VILLADATH, CHELAKODE, THRISSUR,
KERALA, PIN - 679121
BY ADVS.
K.SANEESH KUMAR
V.B.SANTHINI
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
RAILWAYS, (RAILWAY BOARD) CENTRAL SECRETARIAT,
NEW DELHI-, PIN - 110001
2 SOUTHERN RAILWAY
REPRESENTED THROUGH ITS, SENIOR DIVISIONAL
COMMERCIAL MANAGER, THIRUVANANTHAPURAM CENTRAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695014
3 SENIOR DIVISIONAL COMMERCIAL MANAGER
SOUTHERN RAILWAY THIRUVANANTHAPURAM CENTRAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695014
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BY ADV S.KRISHNA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.09.2024, ALONG WITH WP(C).13332/2024 AND CONNECTED
CASES, THE COURT ON 13.09.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos.5047/23 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 19742 OF 2024
PETITIONER:
K.S.SAINUDHEEN
AGED 34 YEARS
S/O SULAIMAN, KOTTALLAL HOUSE, MANAKKAMBADAM,
KINAVALLUR P.O, PALAKKAD DISTRICT, PIN - 678612
BY ADVS.
K.SANEESH KUMAR
V.B.SANTHINI
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
RAILWAYS,(RAILWAY BOARD) CENTRAL SECRETARIAT, NEW
DELHI, PIN - 110001
2 SOUTHERN RAILWAY
REPRESENTED THROUGH ITS, SENIOR DIVISIONAL
COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISION
OFFICE, COMMERCIAL BRANCH, (PALAKKAD DIVISION)
PALAKKAD DISTRICT, PIN - 678002
3 SENIOR DIVISIONAL COMMERCIAL MANAGER
SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL
BRANCH, (PALAKKAD DIVISION) PALAKKAD DISTRICT,
PIN - 678002
W.P.(C).Nos.5047/23 & con.cases
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BY ADV KRISHNA T C
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.09.2024, ALONG WITH WP(C).13332/2024 AND CONNECTED
CASES, THE COURT ON 13.09.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos.5047/23 & con.cases
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V.G.ARUN, J
= = = = = = = = = = = = = = = = =
W.P.(C).Nos.5047 & 34185 of 2023,
13332,15594 & 19742 of 2024
= = = = = = = = = = = = = = = = = =
Dated this the 13th day of September, 2024
JUDGMENT
Petitioners were issued with licences to conduct General
Minor Units (Minor Catering Units) in railway stations under
the Southern Railways. These writ petitions are filed,
aggrieved by the refusal to extend the period of licence granted
to the petitioners. According to the petitioners, by virtue of a
judgment of the Supreme Court, followed by an interim order of
the High Court of Delhi and the consequential orders issued by
the Ministry of Railways, licencees of Minor Catering Units are
entitled to conduct their stalls until the Railway Board issues an
order limiting the licence to a particular period.
2. Heard Adv.Saneesh Kumar K appearing for the
petitioners, Adv.T.C.Krishna, the learned DSGI in charge,
along with Advs.Mini Gopinath, S.Krishna and Achyuth
Krishnan for the respondents.
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3. For ease of understanding, the parties and documents
are referred to as described in W.P.(C).No.5047 of 2023.
4. Learned Counsel for the petitioners submitted that the
allotment of licence to catering stalls is governed by the
Catering Policy issued by the Railway Board from time to time.
While the Catering Policy of 2010 contained a provision for
extension/renewal of existing licences, this benefit was taken
away by the Catering Policy of 2017. This resulted in the 2017
Policy being challenged before the different High Courts. The
matters finally reached the Apex Court and an interim order of
status quo was granted in a batch of cases filed by the
association of vendors. Later, the writ petitions were disposed
of, directing the status quo to be maintained. The directions in
that judgment was clarified as per Ext.P3 order dated
30.10.2018 and the status quo was continued for another two
weeks. Within those two weeks, an association of railway
vendors approached the High Court of Delhi by filing
W.P(C).No.13809 of 2018 and obtained Ext.P4 order, directing
to maintain the status quo order of the Supreme Court till the
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disposal of that writ petition. Following Ext.P4, the Ministry of
Railways issued Exhibit P5 communication dated 21.05.2019,
directing all Zonal Railways to maintain the status quo with
respect to Minor Catering Units, as it existed on 31.03.2019.
Thereafter, vide Exhibit P6 letter dated 27.08.2019, the Zonal
Railways were adviced to ensure compliance of the Hon'ble
Supreme Court's order in the subject case and take necessary
action as per the extant guidelines to renew the licences held
by Co-operative Societies, Partnership firms and Hindu
Undivided Families. The letter also directed to continue the
status quo, as advised vide Board letter dated 21.05.2019 until
further orders, subject to the orders of the High Court of Delhi
in W.P.(C).No.13809 of 2018 and connected petitions.
5.Learned Counsel contended that the petitioners have
every right to conduct their minor catering stalls on the
strength of the Railway Board orders, subject to the decision in
the writ petitions pending before the High Court of Delhi. It is
submitted that, except Southern Railways, the other Zonal
Railways are permitting the licencees of all minor catering units
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in existence, at the time of issuance of Exhibit P5 letter by the
Railway Board, to continue their stalls. It is hence argued that,
the present action taken by the Southern Railways to auction
the petitioners' stalls is liable to be interfered with, such action
being discriminatory and contrary to the Railway Board's
directives.
6. Learned Counsel for the respondents contended that,
neither the order of status quo passed by the High Court of
Delhi or the Railway Board's order will benefit the petitioners,
since those orders are with respect to licences granted to
Cooperative Societies, partnership firms and HUFs. It is
further submitted that, the petitioners are conducting more
than one minor catering stall under the Southern Railways and
will therefore have to file affidavits before the licensing
authority, agreeing to confine their licence to one unit. It is
contended that the attempt of the petitioners is to continue the
conduct of their units by relying on orders which has nothing to
do with their licences.
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7. The learned DSGI contended that, out of the five writ
petitions, only in two writ petitions W.P.(C).Nos. 5047 and
34185 of 2023 the petitioners were granted licence while the
2010 Catering Policy was in vogue, and licences in the other
three writ petitions (W.P.(C).Nos.13332, 15594 and 19742 of
2024), are governed by the Policy of 2017. In the catering
policy of 2017, it is specifically stated that the tenure of
catering units will only be for 5 years and there will not be any
extension/ renewal for units run by individual licencees. It is
submitted that, even though the railways had graciously
extended the licence period by taking into account the number
of days during which the petitioners stalls remained closed due
to the lockdown imposed in the wake of the Covid pandemic,
the petitioners are attempting to continue the conduct of their
stalls even after expiry of the extended period.
8.Adv.S.Krishna pointed out that the writ petitions filed by
identically placed licencees before the High Court of Delhi was
dismissed as per the judgment dated 30.05.2024 in W.P.
(C).No.6771 of 2024 and connected cases.
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9. The arguments advanced reveal that, these writ
petitions pertain to two sets of licences; one with respect to the
licences granted in accordance with the Catering policy of 2010
and the second, licences issued after the Catering Policy of
2017 had come into effect. The challenge in the first set of
cases is based entirely on the judgments of the Supreme Court,
the interim order of the High Court of Delhi and the Railway
Board's order. To address this challenge, it is essential to
understand the directions in those judgments and orders. As
mentioned earlier, with the introduction of the Catering Policy
of 2017, it became no longer possible for the individual
licencees of minor catering units to get their licences
renewed/extended. This change in policy was challenged before
the High Courts and finally reached the Supreme Court. Those
batch of cases was disposed of by the Apex Court as per the
judgment in Senior Divisional Commercial Manager &
Others.v. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls
Welfare Association & Anr. [(2016) 3 SCC 582]. Paragraph
34 of the judgment being relevant, is extracted hereunder:-
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"For the reasons stated supra, this Court cannot interfere with the
impugned judgment and order of the High Court. The civil appeals are
dismissed. The order dated 11-4-2014 granting stay of the impugned
order shall stand vacated. We, however, make it clear that only those
licensees may be eligible for renewal of their licences who can declare
on affidavit that they do not have the licence of more than one shop
or kiosk in their name or benami licence at the railway stations with
periodical reasonable increase of licence fee. All pending applications
are disposed of."
10. Later, a clarification was sought with respect to the
direction at paragraph 34 by the Co-operative Societies,
Partnership firms and HUFs issued with licences.
Consequently, the Supreme Court issued Ext.P3 clarificatory
order dated 30.10.2018, the relevant portion of which reads as
under:-
"We accordingly direct that the aforesaid associations of persons
viz., the co-operative societies, partnership firms and HUF, in
respect of the units covered by the judgment in Senior Divisional
Commercial Manager, South Central Railways and Others (supra),
shall be entitled to renewal of all the licences they hold as on the
date of the expiry of those licences.
xx xx xxx xx xxx
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However, interim orders, if any, granting status quo qua the
petitioner's licence by this Court, shall continue for a further period
of two weeks from today."
11. Immediately thereafter, an Association of Licenced
Vendors approached the Delhi High Court and obtained the
following order on 15.03.2019.
"Order dated 30.10.2018 passed by the Hon'ble Supreme Court shall
remain in force till the disposal of the present petition."
Thereupon, Ext.P6 communication dated 27.08.2019 was
issued by the Ministry of Railways (Railway Board) to the
Principal Chief Commercial Managers of all Zonal Railways,
which reads as follows;
"This is in reference to Board's instructions issued regarding
maintaining status quo in respect of minor static catering units as
existed on 31.03.2019, since the decision on Review Petition by
Railways against the Judgment of Hon'ble Supreme Court dated
30.10.2018 was awaited. Now, vide orders dated 10.07.2019,
Hon'ble Supreme Court has dismissed the Review Petition (Civil)
No.1437 of 2019 in the matter of Union of India & others v. Vendors
Co-operative Society Ltd. & others.
Thus, Zonal Railways are advised to ensure compliance of Hon'ble
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Supreme Court's orders in the subject case and take necessary
action as per the extant guidelines to renew all the licences held by
the co-operative societies, partnership firms and HUF.
However, the status quo in respect of all other minor static catering
units as advised vide Board's letter dated 21.05.2019 will continue
till further orders and will be subject to orders of Hon'ble High Court
of Delhi in W.P.No.13809/2018 and Hon'ble Supreme Court of India
dated 30.10.2018 in W.P(C) No.557 of 2017,799/2017 and 110/2018
and Contempt Petition No.696/20189 in WP(C) No.557/2017."
12. The other document relied on by the petitioners is
Ext.P10 clarification to the queries raised by the Zonal Railways
regarding implementation of Ext.P6. The relevant portion of
the remarks reads as under:-
"Existing minor catering units, allotted prior to Catering Policy 2017
and under the purview of renewal as per Supreme Court's
Judgement, are to be governed in terms of Board's Commercial
Circular No. 22/2017 and Board's letter of even number dated
27.08.2019. Necessary action may be taken accordingly."
13. The question, therefore, to be considered is whether
the judgment, order, communication and clarification grants
licencees like the petitioners, operating more than one minor
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catering unit under the Southern Railways, the right to
continue the conduct of their units beyond the licence period.
The answer can only be in the negative, since the Supreme
Court, by Ext.P3 order, has clarified that only co-operative
societies, partnership firms and HUFs are eligible for renewal
on the date of the expiry of the licences they hold. The Delhi
High Court, vide Exhibit P4 order had only directed to continue
Ext.P3 order of the Supreme Court. In Ext.P6 communication,
issued thereafter, the Railway Board had only advised the Zonal
Railways to ensure compliance of Supreme Court's orders in
S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare
Association's case (supra), as clarified by Ext.P3, and to renew
the licences held by the Co-operative Societies, Partnership
firms and HUFs. The remarks of the Railway Board to the
queries of the Zonal Railways are also to the same effect. It is
hence unequivocally clear that the judgment, order or
communications does not confer any right upon the individual
licencees like the petitioners to continue the conduct of their
units.
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14.The petitioners in the second set of cases were granted
licence after the introduction of the Catering Policy, 2017. In
this context, Clause 11.2 of the Catering Policy extracted
below, assumes relevance;
"Tenure of Food Plaza shall be for a period of 9 years. Tenure of all
other catering units (Major Units and Minor Units) will be for a period of
5 years only. There will be no further extension/renewal, except for
units specifically referred to in para 3.8.1."
15.It is also pertinent to note that, Clause 3.2 of the
Licence Agreement also states that there will be no extension/
renewal. The policy being clear and the petitioners having
executed the agreements, by accepting the terms and
conditions therein, cannot contend that they have a right to
continue perpetually. This precise point was answered by the
High Court of Delhi as per its judgment in W.P.(C).No.6771 of
2024 and connected cases, the contextually relevant portion of
which reads as under:-
"20.Accepting the contentions of the petitioners would tantamount to
holding that they have a permanent, indefeasible and perpetual right to
seek extension/renewal of their licenses for an indefinite period of time.
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This cannot be permitted. Accepting the plea of the petitioners would
also have a deleterious impact on the railways as the same would
tantamount to holding that once the railways has granted a license to
any particular person, it is denuded of the power to bring the license to
an end, despite contractual provision/s to the contrary. This would
completely inhibit the railways from introducing fresh financial/public
participation models and/or offering opportunities to another deserving
set of persons to operate catering units.
21.It is the essence of a license that it is revocable at the will of the
grantor. The petitioners cannot claim a vested right entitling them to
perpetual renewal of the licence granted to them."
16. This Court also being of the opinion that no licencee
can claim indefeasible and perpetual right to continue in
occupation of the licenced premises, the contentions raised in
both set of writ petitions are found unsustainable.
In the result, the writ petitions are dismissed.
Sd/-
V.G.ARUN, JUDGE
sj
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APPENDIX OF WP(C) 5047/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER OF AWARD
ISSUED BY THE 2ND RESPONDENT DATED
7.6.2016.
Exhibit P2 A TRUE COPY OF THE AGREEMENT ENTERED
INTO BETWEEN THE PETITIONER AND THE 2ND
RESPONDENT ON 2.5.2017
Exhibit P3 A TRUE COPY OF THE JUDGMENT BY THE
HONOURABLE SUPREME COURT IN WRIT
PETITION(C) NO.373/2017 DATED
30.10.2018
Exhibit P4 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C)13809/2018 BY THE HIGH COURT OF
DELHI DATED 15.3.2019
Exhibit P5 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT DATED 21.5.2019.
Exhibit P6 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT DATED 27.8.2019.
Exhibit P7 A TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT DATED 8.2.2022 TO THE
PETITIONER
Exhibit P8 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 26.2.2022.
Exhibit P9 A TRUE COPY OF THE NOTICE/DIRECTION
PASSED BY THE 2ND RESPONDENT DATED
17.5.2022
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Exhibit P10 A TRUE COPY OF THE LETTER NO.2016/TG-
III/600/01 ISSUED BY THE GOVERNMENT OF
INDIA/ MINISTRY OF RAILWAYS/ RAILWAY
BOARD DATED 13.12.2021
Exhibit P11 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C) 22499/2022 DATED 11.7.2022.
Exhibit P12 A TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HONOURABLE COURT ON 14.12.2022
IN WP(C) 22499/2022
Exhibit P13 A TRUE COPY OF THE TENDER NOTICE ISSUED
BY THE 2ND RESPONDENT IS PRODUCED
HEREWITH AND MARKED AS BY SHOWING THE
DATE AS 5.9.2022 AS THE DATE FOR
UPLOADING TENDER
Exhibit P14 A TRUE COPY OF THE LETTER OF AWARD
ISSUED BY THE 1ST RESPONDENT TO THE 6TH
RESPONDENT DATED 8.12.2022.
Exhibit P15 COPY OF THE LETTER ISSUED BY THE
NORTHERN RAILWAY ISSUED TO THE SENIOR
DIVISIONAL COMMERCIAL MANAGER DATED
29.8.2019.
Exhibit P16 A TRUE COPY OF THE LETTER ISSUED BY THE
NORTH CENTRAL RAILWAY DATED 12.6.2019.
Exhibit P17 A TRUE COPY OF THE LETTER ISSUED BY THE
SOUTH EASTERN RAILWAY DATED 28.5.2019.
Exhibit P18 A TRUE COPY OF THE LETTER ISSUED BY THE
EAST COAST RAILWAY DATED 3.6.2019.
Exhibit P19 A TRUE COPY OF THE LETTER ISSUED BY THE
EASTERN RAILWAY TO ONE CHANDAN RAJ
DATED 8.12.2022
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APPENDIX OF WP(C) 34185/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER OF AWARD
ISSUED BY THE 2ND RESPONDENT DATED
7.6.2016.
Exhibit P2 A TRUE COPY OF THE AGREEMENT ENTERED
INTO BETWEEN THE PETITIONER AND THE 2ND
RESPONDENT ON 2.5.2017
Exhibit P3 A TRUE COPY OF THE JUDGMENT BY THE
HONOURABLE SUPREME COURT IN WRIT
PETITION(C) NO.373/2017 DATED
30.10.2018.
Exhibit P4 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C)13809/2018 BY THE HIGH COURT OF
DELHI DATED 15.3.2019
Exhibit P5 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT DATED 21.5.2019.
Exhibit P6 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT DATED 29.8.2019.
Exhibit P7 A TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT DATED 8.2.2022 TO THE
PETITIONER.
Exhibit P8 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 26.2.2022.
Exhibit P9 A TRUE COPY OF THE NOTICE/DIRECTION
PASSED BY THE 2ND RESPONDENT DATED
17.5.2022
W.P.(C).Nos.5047/23 & con.cases
2024:KER:70576
Exhibit P10 A TRUE COPY OF THE LETTER NO.2016/TG-
III/600/01 ISSUED BY THE GOVERNMENT OF
INDIA/ MINISTRY OF RAILWAYS/ RAILWAY
BOARD DATED 13.12.2021
Exhibit P11 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C) 22499/2022 DATED 11.7.2022.
Exhibit P12 A TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HONOURABLE COURT ON 14.12.2022
IN WP(C) 22499/2022.
Exhibit P13 A TRUE COPY OF THE JUDGMENT IN WP(C)
22499/2022 DATED 11.8.2023 OF THIS
HONOURABLE COURT.
Exhibit P14 COPY OF THE LETTER ISSUED BY THE
NORTHERN RAILWAY ISSUED TO THE SENIOR
DIVISIONAL COMMERCIAL MANAGER DATED
29.8.2019.
Exhibit P15 A TRUE COPY OF THE LETTER ISSUED BY THE
NORTH CENTRAL RAILWAY DATED 12.6.2019.
Exhibit P16 A TRUE COPY OF THE LETTER ISSUED BY THE
SOUTH EASTERN RAILWAY DATED 28.5.2019
Exhibit P17 A TRUE COPY OF THE LETTER ISSUED BY THE
EAST COAST RAILWAY DATED 3.6.2019.
Exhibit P18 A TRUE COPY OF THE LETTER ISSUED BY THE
EASTERN RAILWAY TO ONE CHANDAN RAJ
DATED 8.12.2022
Exhibit P19 A TRUE COPY OF THE ORDER PASSED BY THE
2ND RESPONDENT DATED 11.10.2023.
W.P.(C).Nos.5047/23 & con.cases
2024:KER:70576
APPENDIX OF WP(C) 34185/2023
RESPONDENTS' EXHIBITS
Exhibit COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL
R1(A) NO. 618-620 OF 2016 DATED 29/01/2016
Exhibit COPY OF THE REVISED ORDER OF SUPREME COURT IN WPC
R1(B) 373/2017 DATED 30/10/2018
Exhibit CLARIFICATION ORDER PASSED BY THE HON'BLE HIGH
R1(C) COURT OF DELHI DATED 26.03.2019
Exhibit CLARIFICATION LETTER DATED 13/12/2021
R1(D)
Exhibit COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
W.P.(C).Nos.5047/23 & con.cases
2024:KER:70576
APPENDIX OF WP(C) 13332/2024
PETITIONER EXHIBITS
Exhibit P1 - A TRUE COPY OF THE LETTER OF AWARD
ISSUED BY THE 2ND RESPONDENT DATED
11.7.2018
Exhibit P2 A TRUE COPY OF THE MASTER LICENSE
AGREEMENT ENTERED INTO BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT DATED
5.11.2018.
Exhibit P3 A TRUE COPY OF THE JUDGMENT BY THE
HONOURABLE SUPREME COURT IN WRIT
PETITION (C) NO.373/2017 DATED
30.10.2018.
Exhibit P4 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C)13809/2018 BY THE HIGH COURT OF
DELHI DATED 15.3.2019.
Exhibit P5 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT DATED 21.5.2019.
Exhibit P6 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT DATED 27.8.2019.
Exhibit P7 A TRUE COPY OF THE LETTER NO.2016/TG-
III/600/01 ISSUED BY THE GOVERNMENT OF
INDIA/ MINISTRY OF RAILWAYS/ RAILWAY
BOARD DATED 13.12.2021
Exhibit P8 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
26.1.2024.
Exhibit P9 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C) 34185 OF 2023 DATED 17.10.2023
BY THIS HONOURABLE COURT.
W.P.(C).Nos.5047/23 & con.cases
2024:KER:70576
Exhibit P10 A TRUE COPY OF THE LETTER ISSUED BY THE
NORTHERN RAILWAY TO THE SENIOR
DIVISIONAL COMMERCIAL MANAGER DATED
29.8.2019.
Exhibit P11 A TRUE COPY OF THE LETTER ISSUED BY THE
NORTH CENTRAL RAILWAY DATED 12.6.2019.
Exhibit P12 A TRUE COPY OF THE LETTER ISSUED BY THE
SOUTH EASTERN RAILWAY DATED 28.5.2019.
Exhibit P13 A TRUE COPY OF THE LETTER ISSUED BY THE
EAST COAST RAILWAY DATED 3.6.2019.
Exhibit P14 A TRUE COPY OF THE LETTER ISSUED BY THE
EASTERN RAILWAY TO ONE CHANDAN RAJ
DATED 8.12.2022.
W.P.(C).Nos.5047/23 & con.cases
2024:KER:70576
APPENDIX OF WP(C) 15594/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER OF AWARD
ISSUED BY THE SOUTHERN RAILWAY, THE 2ND
RESPONDENT DATED 28.6.2018
Exhibit P2 A TRUE COPY OF THE MASTER LICENSE
AGREEMENT ENTERED INTO BETWEEN THE
PETITIONER AND THE 3RD RESPONDENT DATED
26.9.2018.
Exhibit P3 A TRUE COPY OF THE ORDER BY THE
HONOURABLE SUPREME COURT IN WRIT
PETITION (C) NO.373/2017 DATED
30.10.2018.
Exhibit P4 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C)13809/2018 BY THE HIGH COURT OF
DELHI DATED 15.3.2019
Exhibit P5 A TRUE COPY OF THE LETTER ISSUED BY THE
1ST RESPONDENT DATED 21.5.2019.
Exhibit P6 A TRUE COPY OF THE LETTER ISSUED BY THE
1ST RESPONDENT DATED 27.8.2019.
Exhibit P7 A TRUE COPY OF THE LETTER NO.2016/TG-
III/600/01 ISSUED BY THE GOVERNMENT OF
INDIA/ MINISTRY OF RAILWAYS/ RAILWAY
BOARD DATED 13.12.2021.
Exhibit P8 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 9.4.2024
W.P.(C).Nos.5047/23 & con.cases
2024:KER:70576
Exhibit P9 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C) 13332 OF 2024 DATED 2.4.2024
BY THIS HONOURABLE COURT.
Exhibit P10 A TRUE COPY OF THE LETTER ISSUED BY THE
NORTHERN RAILWAY TO THE SENIOR
DIVISIONAL COMMERCIAL MANAGER DATED
29.8.2019.
Exhibit P11 A TRUE COPY OF THE LETTER ISSUED BY THE
NORTH CENTRAL RAILWAY DATED 12.6.2019.
Exhibit P12 A TRUE COPY OF THE LETTER ISSUED BY THE
SOUTH EASTERN RAILWAY DATED 28.5.2019.
Exhibit P13 A TRUE COPY OF THE LETTER ISSUED BY THE
EAST COAST RAILWAY (WITH RELEVANT
ENCLOSURE) DATED 3.6.2019.
Exhibit P14 A TRUE COPY OF THE LETTER ISSUED BY THE
EASTERN RAILWAY TO ONE CHANDAN RAJ
DATED 8.12.2022.
W.P.(C).Nos.5047/23 & con.cases
2024:KER:70576
APPENDIX OF WP(C) 19742/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER OF AWARD
ISSUED BY THE 2ND RESPONDENT DATED
31.7.2018.
Exhibit P2 A TRUE COPY OF THE MASTER LICENSE
AGREEMENT ENTERED INTO BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT DATED
5.12.2018.
Exhibit P3 A TRUE COPY OF THE ORDER BY THE
HONOURABLE SUPREME COURT IN WRIT
PETITION (C) NO.373/2017 DATED
30.10.2018.
Exhibit P4 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C)13809/2018 BY THE HIGH COURT OF
DELHI DATED 15.3.2019
Exhibit P5 A TRUE COPY OF THE LETTER ISSUED BY THE
1ST RESPONDENT DATED 21.5.2019.
Exhibit P6 A TRUE COPY OF THE LETTER ISSUED BY THE
1ST RESPONDENT DATED 27.8.2019.
Exhibit P7 A TRUE COPY OF THE LETTER NO.2016/TG-
III/600/01 ISSUED BY THE GOVERNMENT OF
INDIA/ MINISTRY OF RAILWAYS/ RAILWAY
BOARD DATED 13.12.2021
Exhibit P8 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 7.5.2024.
W.P.(C).Nos.5047/23 & con.cases
2024:KER:70576
Exhibit P9 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C) 18897 OF 2024 DATED 27.5.2024
BY THIS HONOURABLE COURT.
Exhibit P10 A TRUE COPY OF THE LETTER ISSUED BY THE
NORTHERN RAILWAY TO THE SENIOR
DIVISIONAL COMMERCIAL MANAGER DATED
29.8.2019.
Exhibit P11 A TRUE COPY OF THE LETTER ISSUED BY THE
NORTH CENTRAL RAILWAY DATED 12.6.2019
ALONG WITH ENCLOSURE OF LETTER OF
RAILWAY BOARD DATE 21.5.2019
Exhibit P12 A TRUE COPY OF THE LETTER ISSUED BY THE
SOUTH EASTERN RAILWAY DATED 28.5.2019.
Exhibit P13 A TRUE COPY OF THE LETTER ISSUED BY THE
EAST COAST RAILWAY DATED 3.6.2019 WITH
ENCLOSURE LETTER ON 10.9.2019
Exhibit P14 A TRUE COPY OF THE LETTER ISSUED BY THE
EASTERN RAILWAY TO ONE CHANDAN RAJ
DATED 8.12.2022.
Exhibit P15 A TRUE COPY OF THE TENDER NOTICE ISSUED
BY THE 2ND RESPONDENT DATED 6.5.2024.
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the termination order
dated 06.01.2020 issued by the
Divisional Commercial Manager, Southern
Railway.
True copy
PS to Judge
