Md Nasir Alam v. Union Of India & ORS.
$~65, 66 and 72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1462/2025 MD NASIR ALAM .....Petitioner Through:
Mr. Jitender Mehta, Mr. Lalit Kumar and Mr. Shivam Pahal, Advocates.
versus UNION OF INDIA & ORS.
.....Respondents Through:
Mr. Rajnish Kumar Gaind, SPC with Mr.
Himanshu Gupta, Advocate for Respondents/UOI.
+ W.P.(C) 1465/2025 ANIL KUMAR JHA .....Petitioner Through:
Mr. Jitender Mehta, Mr. Lalit Kumar and Mr. Shivam Pahal, Advocates.
versus UNION OF INDIA & ORS.
.....Respondents Through:
Mr. Umang Chopra, SPC with Mr.Karan Malhotra, Government Pleader for Respondents/UOI.
+ W.P.(C) 1488/2025 SMT P THULASAMA .....Petitioner Through:
Mr. Jitender Mehta, Mr. Lalit Kumar and Mr. Shivam Pahal, Advocates.
versus UNION OF INDIA & ORS.
.....Respondents Through:
Mr.
Anisul Haque, Government Pleader for Respondents/UOI.
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CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 06.02.2025 CM APPL. 7098-7099/2025 in W.P.(C) 1462/2025; CM APPL. 7105-7106/2025 in W.P.(C) 1465/2025; and CM APPL. 7296-7297/2025 in W.P.(C) 1488/2025 1.
Allowed, subject to all just exceptions.
2.
Applications stand disposed of.
W.P.(C) 1462/2025 and CM APPL. 7097/2025 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 28.11.2024 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 Special Minor Unit (SMU)/Catering Stall No.17 at Platform No.3/4 of Jhajha Railway Station.
W.P.(C) 1465/2025 and CM APPL. 7104/2025 4.
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 17.01.2025 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.JSME-01-02 at Platform No.1 of Jasidih Railway Station.
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W.P.(C) 1488/2025 and CM APPL. 7295/2025 5.
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 27.10.2021 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.16 at Platform No.1 of Nandyal Railway Station.
6.
All these writ petitions raise similar issues and Petitioners seek extension of 07 months to run their respective stalls. On account of similitude of the reliefs claimed, these petitions are being disposed of by this common order.
7.
Learned counsels for the Petitioners, at the outset, submit that Petitioners do not press their challenge to the impugned letters and/or Clause11 of Circular No.20/2017 and would be satisfied if they are given extensions of 7 months to operate their respective stalls, as given to similarly placed Petitioners in Arvind Kumar v. Union of India & Ors., W.P. (C) No. 720/2025, decided on 20.01.2025, Sree Venkateswara Enterprises v. Union of India & Ors., W.P. (C) No. 225/2025, decided on 10.01.2025 and in Manohar Bachani v. Union of India & Ors, W.P.(C) No. 12398/2024, decided on 11.09.2024.
8.
Issue notice.
9.
Counsels, as above, accept notice on behalf of the Respondents and do not dispute that Petitioners are similarly placed as the writ Petitioners in Arvind Kumar (supra), Sree Venkateswara Enterprises (supra) and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Manohar Bachani (supra).
10.
Indisputably, Petitioners in these writ petitions were awarded licenses for operating catering stalls in various railway stations across the country for a period of 05 years, commencing on different dates. Extensions were given for short periods treating them as dies non on account of the Pandemic COVID-19. License of Petitioner in W.P. (C) 1462/2025 is expiring on 09.04.2025, license of Petitioner in W.P. (C) 1465/2025 is expiring on 27.03.2025 while that of Petitioner in W.P. (C) 1488/2025 is expiring on 08.02.2025.
11.
Petitioners seek extension of 7 months as was granted by this Court in Arvind Kumar (supra), Sree Venkateswara Enterprises (supra) and Manohar Bachani (supra). There is no dispute between the parties that Petitioners are similarly placed as the Petitioners in Arvind Kumar (supra), Sree Venkateswara Enterprises (supra) and Manohar Bachani (supra), wherein the Courts in similar circumstances allowed the Petitioners to operate the Catering Stalls for a further period of 7 months from the date of expiry of the extended license period. 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 Petitioners cannot be discriminated and are entitled to the same relief. 12.
Accordingly, these writ petitions are disposed of with a direction that subject to payment of license fee, Petitioners shall be allowed to operate their respective stalls as detailed above, for a further period of 7 months from the respective dates of expiry of the original/extended license periods. This would, however, be subject to undertakings by the Petitioners, on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
affidavits, before this Court that they will vacate the stalls in question on expiry of the extended period of 7 months, failing which Respondents will be at liberty to remove their goods from the stalls. The affidavits shall be filed within three weeks from today.
13.
Pending applications also stand disposed of.
JYOTI SINGH, J FEBRUARY 6, 2025 B.S. Rohella The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.