Rakesh Kumar Agarwal (Huf) v. Union Of India & ORS.

$~93 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3475/2025 & CM APPLs. 16268/2025, 16269/2025 & 16270/2025 RAKESH KUMAR AGARWAL (HUF) .....Petitioner Through:

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

(M): 9625461696 Email: katyanilegalsevices@gmail.com versus UNION OF INDIA & ORS.

.....Respondents Through:

Ms. Megha Sharma, GP for respondent no. 1/UOI.

(M): 9582985901 Email: mslegal.co@gmail.com Mr. Mayank Sharma, Senior Panel counsel.

(M): 9910092484

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 20.03.2025 1.

The present writ petition has been filed challenging the letter dated 30th October, 2023, issued by the South East Central Railway, Raipur Division, against the petitioner.

2.

It is submitted that the petitioner is running/operating on MultiPurpose Stall number-MPS-2 ("MPS") at Platform no. 1 of Raipur Railway Station.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The petitioner was issued a letter dated 30th October, 2023, as per which, the licence/tenure of the petitioner's MPS stall was extended till 08th April, 2025.

4.

Learned counsel appearing for the petitioner relies upon order dated 07th March, 2025, passed by this Court in W.P.(C) 2953/2025, titled Sadeek Ali Versus Union of India & Ors., by which this Court had granted extension of 7 months time, at the stipulated licence fees to the petitioner herein. 5.

Thus, it is submitted that the license period of the petitioner in the present case also, ought to be extended for another period of 7 months, and that the petitioner is ready to give an undertaking on affidavit before this Court, that the petitioner will vacate the stall in question, on expiry of the extended period of 7 months.

6.

Issue notice.

7.

Notice is accepted by learned counsel appearing for the respondents. 8.

Learned counsel appearing for the respondents draws the attention of this Court to the order passed by the Division Bench in a similar matter, wherein, four months extension period had been granted, relying upon order of the Supreme Court, in similar matter.

9.

However, learned counsel appearing for the petitioner submits that the four months period of extended period, was granted in addition to the 3 months extended period, granted by the learned Single Judge. Thus, he submits that in total, 7 months extension was granted on previous occasions also.

10.

Having heard learned counsels appearing for the parties, and considering the fact that similar orders have been passed on previous occasions also by this Court, thereby granting extension of time for running The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the stall, this Court is of the view that in parity with the orders earlier passed by this Court, similar order ought to be passed in the present case, also. This Court sees no reason to take a different view from the orders passed earlier. 11.

Accordingly, it is directed that subject to payment of licence fees, petitioner will be allowed to operate the MPS-2 at Platform no. 1 of Raipur Railway Station, for a further period of 7 months from 08th April, 2025, at the stipulated licence fees.

12.

The petitioner is directed to file an undertaking, on an affidavit, before this Court, within a period of four weeks from today, that the petitioner shall vacate the stall in question, on expiry of the extended period of 7 months, failing which, the respondents will be at liberty to remove the goods of the petitioner from the stall in question. 13.

Accordingly, the present writ petition, along with pending applications, is disposed of, in terms of the aforesaid directions. MINI PUSHKARNA, J MARCH 20, 2025 c The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.