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High Court of DelhiW.P.(C)/1780/2025

Senthil E v. Union Of India & ORS.

2025-02-14Hon'Ble Ms. Justice Jyoti Singh3 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1780/2025 SENTHIL E .....Petitioner Through:

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

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Ranjeev Khatana, SPC for Respondents.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 14.02.2025 CM APPLs. 8548-49/2025 1.

Allowed, subject to all just exceptions.

2.

Applications stand disposed of.

W.P.(C) 1780/2025 & CM APPL. 8547/2025 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 04.04.2024 issued by Respondent No.2 and Clause 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 his one General Minor Unit (GMU)/Catering Stall No. S-2 at Hubballi Railway Station.

4.

Case of the Petitioner is that he was awarded license for running a catering stall i.e. one General Minor Unit (GMU)/Catering Stall No. S-2 at W.P.(C) 1780/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Hubballi Railway Station vide letter dated 28.12.2018 for a period of five years at the stipulated license fee, commencing from 03.05.2019 upto 02.05.2024. Petitioner avers that on account of Pandemic COVID-19, the stall was 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 stall licensees for varying periods over 400 days, extension was granted to the Petitioner only upto 11.02.2025, on expiry of the original license on 02.05.2024. 5.

Learned counsel for the Petitioner, at the outset, submits that Petitioner does not press his challenge to the impugned letter dated 04.04.2024 and/or the Circular impugned herein and would be satisfied if he is given extension of 07 months as given to similarly placed Petitioners in Manohar Bachani v. Union of India & Ors, W.P.(C) No. 12398/2024, decided on 11.09.2024; Sree Venkateswara Enterprises v. Union of India & Ors., W.P. (C) No. 225/2025, decided on 10.01.2025 and Arvind Kumar v. Union of India & Ors., W.P. (C) No 720/2025, decided on 20.01.2025. 6.

Issue notice.

7.

Mr. Ranjeev Khatana, learned SPC accepts notice on behalf of the Respondents and does not dispute that Petitioner is similarly placed as the writ Petitioners in Arvind Kumar (supra), Sree Venkateswara Enterprises (supra) and Manohar Bachani (supra).

8.

Indisputably, Petitioner was awarded a catering stall license for operating one General Minor Unit (GMU)/Catering Stall No. S-2 at Hubballi Railway Station for a period of five years which expired on 02.05.2024. Treating the period of COVID-19 as dies non and granting benefit of the same, further extension was granted to the Petitioner till 11.02.2025. W.P.(C) 1780/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner seeks extension of 07 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 present Petitioner is 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 07 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 07 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. S-2 at Hubballi Railway Station for a further period of 07 months from 12.02.2025 at the stipulated license fee. This would be further subject to an undertaking by the Petitioner on an affidavit before this Court that he will vacate the stall in question on expiry of the extended period of 07 months, failing which Respondents will be at liberty to remove his goods from the stall. The affidavit shall be filed within three weeks from today.

10.

Pending application stands disposed of.

JYOTI SINGH, J FEBRUARY 14, 2025/Shivam W.P.(C) 1780/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.