High Court of DelhiW.P.(C)/1937/2025

Kaushalya Meena v. Union Of India & ORS.

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

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KAUSHALYA MEENA .....Petitioner Through:

Mr. Jitender Mehta, Advocate.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Viplav Acharya, SPC with Ms.Laavanya Kaushik, Government Pleader for Respondents/UOI.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 14.02.2025 C.M. APPL. 9065-9066/2025 1.

Allowed, subject to all just exceptions.

Applications stand disposed of.

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 23.08.2024 issued by Respondent No.2 as also for a direction to the Respondents to renew the license of the Petitioner in respect of one General Minor Unit (GMU)/Catering Stall No. RPZ-48 at Platform No. 1 of Ranapratap Nagar Railway Station.

Petitioner was awarded license for running/operating one General Minor Unit (GMU)/Catering Stall No. RPZ-48 at Platform No. 1 of Ranapratap Nagar Railway Station for a period of five years at the stipulated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

license fee, vide allotment letter dated 14.02.2019. 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 400 days, however, Petitioner was granted extension only upto 28.02.2025.

Learned counsel for the Petitioner prays that Petitioner be given extension of 7 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 in Arvind Kumar v. Union of India & Ors., W.P. (C) No. 720/2025, decided on 20.01.2025. 6.

Issue notice.

Mr. Viplav Acharya, 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).

Indisputably, Petitioner was awarded a catering stall license for operating one General Minor Unit (GMU)/Catering Stall No. RPZ-48 at Platform No. 1 of Ranapratap Nagar Railway Station. Treating the period of COVID-19 as dies non and granting benefit of the same, further extension was granted to the Petitioner till 28.02.2025. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(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.

Accordingly, this writ petition is disposed of with a direction that subject to payment of license fee, Petitioner will be allowed to operate her General Minor Unit (GMU)/Catering Stall No. RPZ-48 at Platform No. 1 of Ranapratap Nagar Railway Station for a further period of 07 months from 01.03.2025 at the stipulated license fee. This would be further subject to an undertaking by the Petitioner on an affidavit before this Court that she will vacate the stall in question on expiry of the extended period of 07 months, failing which Respondents will be at liberty to remove her 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/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.