Gujarat Co-Operative Milk Marketing Federation Limited v. Union Of India & ORS.

$~57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4329/2025 & CM APPLs. 20043/2025 & 20044/2025 GUJARAT CO-OPERATIVE MILK MARKETING FEDERATION LIMITED .....Petitioner Through:

Mr. Tamim Qadri, Advocate.

(M): 9899959499 Email: tamimq_3@yahoo.co.in versus UNION OF INDIA & ORS.

.....Respondents Through:

Ms. Anushkaa Arora, Senior Panel counsel, UOI with Mr. Sagar Belwal, Advocate and Mr. Sankalp Mishra, GP for UOI.

(M): 011-41414498 Email: legal@abalawoffice.in

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 04.04.2025 1.

The present writ petition has been filed by the petitioner with respect to the (i) Catering Stall/Milk Stall (M-1), Besides FOB CTTI (Sleer) Office at Platform no. 1 of Samastipur Railway Station, (ii) Catering Stall/Milk Stall (M-3), in front of RMS Office, Under FOB at Platform No. 2/3 of Samastipur Railway Station and (iii) Catering Stall/Milk Stall (M-6), in front of Passenger waiting hall at Platform No. 4/5 of Samastipur Railway Station. 2.

It is submitted that a Letter of Award dated 23rd October, 2019 was issued by the Divisional Railway Manager (Commercial) Samastipur, by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

way of which, the said catering stall was granted in favour of the petitioner, which was subsequently extended from 16th January, 2025 to 15th April, 2025.

3.

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.

4.

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.

5.

Issue notice.

6.

Notice is accepted by learned counsel appearing for the respondents, who submits that though she has no objection to allowing of the present petition, in view of the earlier orders passed by this Court, however, the Railways may not be restrained from inviting fresh tenders for awarding the licence on expiry of the extended period of licence of the petitioner. 7.

Learned counsel appearing for the petitioner, at this stage, states that the petitioner is only pressing for the grant of extension of the license period for the period of 7 months, in terms of the orders passed previously, and gives up other challenges with regard to the policy of the Indian Railways. 8.

Having heard learned counsels appearing for the parties, this Court The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. 9.

Thus, considering the fact that similar orders have been passed on previous occasions also by this Court, thereby, granting an extension of time for running the stall, this Court is of the view that in parity with the orders passed earlier 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.

10.

Accordingly, it is directed that, subject to payment of license fees, the petitioner will be allowed to operate the (i) Catering Stall/Milk Stall (M-1), Besides FOB CTTI (Sleer) Office at Platform no. 1 of Samastipur Railway Station, (ii) Catering Stall/Milk Stall (M-3), in front of RMS Office, Under FOB at Platform No. 2/3 of Samastipur Railway Station and (iii) Catering Stall/Milk Stall (M-6), in front of Passenger waiting hall at Platform No. 4/5 of Samastipur Railway Station, for a period of 7 months from 15th April, 2025, at stipulated license fees.

11.

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 stalls 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. 12.

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.

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

13.

Accordingly, with the aforesaid directions, the present writ petition, stands disposed of.

MINI PUSHKARNA, J APRIL 4, 2025 c The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.