M/S Chouhan Caters v. Union Of India & ORS.

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4136/2025, CM APPL. 19133/2025, CM APPL. 19134/2025 & CM APPL. 19135/2025 M/S CHOUHAN CATERS .....Petitioner Through:

Mr. Akshat Bajpai, Mr. Shobhit Trehan and Ms. Vedika Dalmia, Advs.

M: 7985177435 Email:

advocateakshatbajpai@gmail.com versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Neeraj, SPC with Mr. Vedansh Anand, GP, Mr. Sachin Saraswat and Mr. Soumyadip Chakraborty, Advs.

M: 6295355315 Email: nerajindia@hotmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 02.04.2025 1.

The present petition has been filed for directions for grant of extension of seven months for operating the General Minor Unit ("GMU") No. 4 at Platform No. 1 and GMU No. 5 at Platform No. 1 of Badshah Nagar Railway Station.

2.

It is submitted that the Divisional Railway Manager (Commercial) Lucknow issued a Letter of Award dated 27th November, 2019 with respect to the allotment of contract to the petitioner regarding the catering services The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

at GMU Catering Stall Nos. 4 and 5 at Platform No. 1, Badshah Nagar Railway Station.

3.

Learned counsel appearing for the petitioner submits that the original date of license period for the aforesaid stalls was from 10th February, 2020 to 09th February, 2025.

4.

However, by way of letter dated 09th October, 2024, the license period for the aforesaid stalls has been extended till 10th May, 2025. 5.

It is submitted that this Court, on previous occasions, has granted relief in similar matters. Attention of this Court has been drawn to the order dated 07th March, 2025, passed by the Predecessor Bench of this Court in W.P.(C) 2953/2025, titled as Sadeek Ali Versus Union of India and Ors., wherein, further extension of 7 months has been granted to the petitioner therein. Attention of this Court has also been drawn to other similar orders passed in other petitions.

6.

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.

7.

Issue notice.

8.

Notice is accepted by learned counsel appearing for the respondents. 9.

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 Hon'ble Supreme Court in a similar matter. 10.

However, learned counsel appearing for the petitioner submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

extension of four months 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. 11.

The aforesaid submissions made on behalf of the parties, are noted. 12.

Having heard learned counsels appearing for the parties, this Court notes that, vide order dated 20th March, 2025, in W.P.(C) 3474/2025, Shri Kishori Lal Versus Union of India and Others, this Court has, in similar circumstances, granted extension in favour of the petitioner therein. 13.

Thus, 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 parity with the orders earlier passed by this Court, a 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.

14.

Accordingly, it is directed that subject to payment of licence fees, petitioner will be allowed to operate stalls, i.e., GMU No. 4 (between OHE Pole No. 770/12 & 13, Near Men Waiting Room, Prime Location) at Platform No. 1 of Badshah Nagar Railway Station and GMU No. 5 (between OHE No. 770/13 & 14, Near Handicap Ramp) at Platform No. 1 at Badshah Nagar Railway Station for a further period of seven months from 10th May, 2025 at the stipulated licence fees.

15.

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

16.

It is further made clear that extension of the licence fees of the petitioner will not preclude the Railways from inviting fresh tenders, for awarding of the license, on expiry of the extended period of license of the petitioner.

17.

Accordingly, the present writ petition, along with the pending applications, stands disposed of, in terms of the aforesaid directions. MINI PUSHKARNA, J APRIL 2, 2025/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.