Rajasthan High Court
Anil Kumar vs U O I Tourism And Catering Ors on 7 February, 2023
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13047/2011
Anil Kumar
----Petitioner
Versus
U O I Tourism And Catering Ors
----Respondent
Connected With
1. S.B. Civil Writ Petition No. 13681/2011
2. S.B. Civil Writ Petition No. 4419/2013
3. S.B. Civil Writ Petition No. 5002/2013
4. S.B. Civil Writ Petition No. 812/2022
5. S.B. Civil Writ Petition No. 6218/2022
6. S.B. Civil Writ Petition No. 6428/2022
7. S.B. Civil Writ Petition No. 10426/2022
For Petitioner(s) : Mr. Vishnu Kant Sharma
Ms. Neetu Bhandari for
Mr. Amit Jindal
Mr. Shashi Bhushan Gupta with
Ms. Sudha Gupta
Mr. Naved Rafiq
Mr. Ashindra Gautam
For Respondent(s) : Mr. Janardan Pandit Gargey
Mr. Anand Sharma with
Mr. Ashish Kumar, Mr. Namandeep
Singh & Shubhankit Bhatnagar
Mr. Gunnar Singh, ACM, Kota present
in person
HON'BLE MR. JUSTICE SAMEER JAIN
Order
07/02/2023
The matter was heard at length.
The matter come up for final disposal. At the outset, learned
counsel for the petitioner submits that inspite of interim order
dated 21.09.2011, which is still operational, whereby the
petitioner (in S.B. Civil Writ Petition No. 13047/2011) was allowed
(2 of 3) [CW-13047/2011]
to run trolley No.6 at Railway Station-Bayana, the respondent-
authorities, by its extended arm, have not passed necessary
orders renewing the requisite licenses of the petitioner. By using
such tactics, the respondent-authorities have willfully flouted the
order of this Court.
Learned counsel for the respondent and the officer present in
person, Mr. Gunnar Singh, ACM, Kota, submits that the trolley of
the petitioner was stopped due to non-renewal of FSSAI License.
However, learned counsel and the officer in charge fairly conceded
that, as an interim measure and subject to the final outcome of
the writ petition, the petitioners will be allowed to operate their
respective trolleys, subject to just conditions which are imposed
on any other vendor.
Upon consideration of overall facts and circumstances of the
case, the material on record, after hearing both the sides and
relying upon Hon'ble Apex Court judgment of Senior Divisional
Commercial Manager and Ors. vs. S.C.R. Caterers, Dry
Fruits, Fruit Juice Stalls Welfare Association and Ors.:
(2016) 3 SCC 582, this Court, as an interim measure, deems it
appropriate to allow all the petitioners to operate their respective
trolleys in their concerned Railway Stations, subject to the final
outcome of the writ petition(s) and subject to just conditions as
may be imposed by the respondent-authorities and other such
conditions as are imposed upon other similar vendors.
It is made clear that this order is provisional and no equity
will arise in favour of the petitioner and the same shall remain
subject to the decision of the writ petition.
(3 of 3) [CW-13047/2011]
It is expected that the respondent would comply with this
order, in letter and in spirit.
List the matter for final disposal on 27.02.2023 at 2.00 pm.
(SAMEER JAIN),J
JKP/86-93
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