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High Court of DelhiW.P.(C)/225/2025

Sree Venkateswara Enterprises v. Union Of India & ORS.

2025-01-10Hon'Ble Ms. Justice Jyoti Singh3 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SREE VENKATESWARA ENTERPRISES .....Petitioner Through:

Mr. Jitender Mehta, Mr. Lalit Kumar and Mr. Shivam Pahal, Advocates.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Sushil Raaja, SPC with Mr. Kapil Dev Yadav, GP, for Respondents/UOI.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 10.01.2025 CM APPL. 1103/2025 and 1104/2025 1.

Exemptions allowed, subject to all just exceptions. 2.

Applications stand disposed of.

W.P.(C) 225/2025 and CM APPL. 1102/2025 3.

This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India laying a challenge to impugned letter dated 04.11.2024 issued by Respondent No.2 and Clause No. 11 of Commercial Circular No. 20/2017 pertaining to 'Catering Policy, 2017' dated 27.02.2017 issued by Respondent No. 3. Writ of mandamus is sought for a direction to the Respondents to renew the license of the Petitioner in respect of its General Minor Unit (GMU)/Catering Stall No.4 at Platform No.1 of Vishakhapatnam (NSG-2) Railway Station.

4.

Petitioner is a partnership firm and was awarded license for operating the Minor Catering Stall, as aforementioned on 18.07.2019, for a period of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

five years at the stipulated license fee. Petitioner avers that on account of Pandemic COVID-19, the stalls were shut and therefore, a policy decision was taken by the Respondents to give extension after treating the said period as dies non and while benefit of this decision was given to many contractors for varying periods over 300 days, Petitioner was given extension only for 69 days and therefore, instead of the original date of 09.11.2024 when the license period was to expire, his present license expires on 17.01.2025. 5.

Learned counsel for the Petitioner, at the outset, submits that Petitioner does not press its challenge to the impugned letter dated 04.11.2024 and/or the Circular impugned herein and would be satisfied if it is given extension of 7 months as given to similarly placed Petitioner in Manohar Bachani v. Union of India & Ors, W.P.(C.) No. 12398/2024, decided on 11.09.2024.

6.

Issue notice.

7.

Mr. Sushil Raaja, learned SPC appearing on behalf of the Respondents accepts notice and does not dispute that Petitioner is similarly placed as the writ Petitioner in Manohar Bachani (supra). 8.

Indisputably, Petitioner was awarded a contract of operation of catering stall on PF-1, at Vishakhapatnam (NSG-2) Railway Station for a period of five years, which expired on 09.11.2024 as per the license agreement. However, on account of Pandemic COVID-19 and in light of a policy decision taken by the Respondents, the Competent Authority granted extension of the dies non period of 69 days, during which the stall could not be operated and the extended period expires on 17.01.2025. Petitioner seeks extension of 7 months as was granted by this Court in Manohar Bachani (supra). There is no dispute between the parties that present Petitioner is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

similarly placed as the Petitioner in Manohar Bachani (supra), wherein the Court in similar circumstances allowed the Petitioner to operate the Multi Purpose Stall for a further period of 7 months from the date of expiry of the license. The Madhya Pradesh High Court in M/s Mahakal Caters Vijay Jain v. Union of India and Others, W.P. No.29831/2024, decided on 01.10.2024, has granted similar extension of 7 months to the Petitioner therein. I am of the view that Petitioner cannot be discriminated and is entitled to the same relief.

9.

Accordingly, this writ petition is disposed of with a direction that subject to payment of license fee, Petitioner will be allowed to operate the General Minor Unit (GMU)/Catering Stall No.4 at Platform No.1 of Vishakhapatnam (NSG-2) Railway Station for a further period of 7 months from the date of expiry of the license i.e. 17.01.2025. This would, however, be subject to an undertaking by the Petitioner on an affidavit before this Court that it will vacate the stall in question on expiry of the extended period of 7 months, failing which Respondents will be at liberty to remove its goods from the stall. The affidavit shall be filed within two weeks from today.

10.

Pending application also stands disposed of.

JYOTI SINGH, J JANUARY 10, 2025 B.S. Rohella/shivam The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.