Arvind Kumar v. Union Of India And ORS

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3589/2025 & CM APPLs. 16808/2025, 16809/2025 & 16810/2025 ARVIND KUMAR .....Petitioner Through:

Mr. Chandan Kumar with Mr. Dinesh Kr. Tiwary, Advocates.

versus UNION OF INDIA AND ORS .....Respondents Through:

Mr. Pradeep Kumar Jha, Senior Panel counsel with Ms. Kanishka Kharbanda, Advocate for UOI.

(M): 9953133627 Email: jhapradeep2010@hotmail.com Mr. Vedansh Anand, Govt. Pleader.

(M): 8076802450 Email: vedansh.anand@outlook.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 24.03.2025 1.

The present petition has been filed seeking directions to the respondents to reschedule the contract period of food stall no. A II-03, at Ajmer Railway Station, on Platform No. 1 between Pillar No. 16 and 17 from Madar End, and extend the contract period of the said catering stall awarded to the petitioner, for further period of about 500 days, beyond original contract period as per methodology made by the respondents for calculation of 'Dies-Non' period, and residual of contract period as per letter W.P.(C) 3589/2025 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 21st May, 2020, and 04th October, 2021.

2.

Learned counsel appearing for the petitioner submits that this Court in th September, 2024 in W.P.(C) identical matters, vide order dated 11 12398/2024, titled Manohar Bachani Versus Union of India & Ors., allowed the petitioner to operate the said Multi-Purpose Stall ('MPS') for a further period of 7 months from the date of expiry of the licence. 3.

It is submitted that the petitioner has fruit stall catering licence, for food stall at Ajmer Railway Station on Platform No. 1 and Stall No. A II-03 between Pillar No. 16 and 17 from Madar End awarded by the Senior th Divisional Commercial Manager, Ajmer Division by the letter dated 13 March, 2019.

th September, 2024 issued 4.

It is submitted that as per the letter dated 24 by the Senior Divisional Commercial Manager, Ajmer Division, petitioner is entitled to operate its stall, till 28th March, 2025.

5.

Issue notice.

6.

Notice is accepted by learned counsel appearing for the respondents. 7.

This Court notes that similar matters were listed on 20th March, 2025.

th 8.

By order dated 20 March, 2025 in W.P.(C) 3474/2025, titled Sh.

Kishori Lal Versus Union of India & Ors., this Court passed the following order:

"xxx xxx xxx 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 the order of the Supreme Court, in a similar matter. 9.

However, learned counsel appearing for the petitioner submits that the four months of extended period was granted, in addition to the 3 months extended period by the learned Single Judge. Thus, he submits that in total, 7 months extension was granted on previous occasions, also. W.P.(C) 3589/2025 Page 2 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 stall, this Court is of the view that in the 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 Tea stall at B-6 at Platform no. 2/3 of Raipur Railway Station, for a further period of 7 months from 03rd 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 liberty to remove the goods of the petitioner, from the stall in question. xxx xxx xxx"

9.

Considering the aforesaid decision, wherein, similar orders have been passed by this Court, thereby, granting extension of time for running 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. 10.

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, the petitioner will be allowed to operate the food (catering) Stall No. A II-03 on Platform No. 1 at Ajmer Railway Station for a further period of 7 months from 28th March, 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, stating 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 W.P.(C) 3589/2025 Page 3 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

goods of the petitioner from the stall in question. 13.

At request of learned counsel appearing for the petitioner, the issue with respect to the request of the petitioner for extension of his contract for a period of 30 days from 29th March, 2025, to 04th May, 2025, in terms of letter of request of the petitioner dated 24th December, 2024, is kept open.

14.

Accordingly, the present writ petition, along with pending applications, is disposed of, in terms of the aforesaid directions. MINI PUSHKARNA, J MARCH 24, 2025 c W.P.(C) 3589/2025 Page 4 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.