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High Court of DelhiW.P.(C)/4402/2025

Hemant Kumar Shukla v. Union Of India & ORS.

2025-04-07Hon'Ble Ms. Justice Mini Pushkarna4 pages

$~66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4402/2025 & CM APPL.

20297/2025, CM APPL.

20298/2025, CM APPL. 20299/2025 HEMANT KUMAR SHUKLA .....Petitioner Through:

Mr. Jitender Mehta, Mr. Lalit Kumar, Mr.

Shivam Pahal, Mr.

Abhinav Kumar,Advs.

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

.....Respondents Through:

Mr. Vikrant Goyal, SPC with Ms.

Laavanya Kaushik, GP, Adv. for UOI Mobile- 9871049740 Email-laavanya.me@hotmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 07.04.2025 1.

The present writ petition has been filed for directions to the respondents for grant of extension of seven months for Catering Services at General Minor Unit (GMU)/DLI-3 at Platform No.7 of Delhi Junction Railway Station.

2.

It is submitted that a Letter of Award dated 22nd August, 2019 was issued by the Divisional Commercial Manager, Northern Railway, by way of which, the said catering stall was allotted in favour of the petitioner, which was subsequently extended till 13th July, 2025 for the period during which the catering stalls remained closed due to Covid-19, which has been considered as "dies non" period.

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

3.

It is submitted that this Court, on previous occasions, has granted relief in similar matters, wherein, extension has been granted beyond the "dies non" period. 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 the learned counsel appearing on behalf of the respondents.

7.

Learned counsel appearing for the respondents draw the attention of this Court to the order passed by the learned Division Bench in a similar matter, wherein, four months extension had been granted, by relying upon order of the Supreme Court, in a similar matter. 8.

However, learned counsel appearing for the petitioner submits that the extension of four months was granted in addition to the 3 months' extended period, as granted by the learned Single Judge. Thus, he submits that in total, 7 months' extension was granted on previous occasions also. 9.

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

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. 10.

The aforesaid submissions made on behalf of the parties, are noted. 11.

Having heard learned counsels appearing for the parties, it is to be noted 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. 12.

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.

13.

Accordingly, it is directed that, subject to payment of license fees, the petitioner will be allowed to operate the Catering Unit General Minor Unit (GMU)/DLI-3 at Platform No.7 of Delhi Junction Railway Station for a period of 7 months from 13th July, 2025, at stipulated license fees. 14.

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. 15.

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.

16.

Accordingly, with the aforesaid directions, the present writ petition, along with the pending applications, stands disposed of. MINI PUSHKARNA, J APRIL 7, 2025 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.