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High Court of DelhiW.P.(C)/5806/2025

Smt Asha Shukla v. Union Of India & ORS.

2025-05-02Hon'Ble Ms. Justice Mini Pushkarna4 pages

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5806/2025, CM APPL. 26438/2025, CM APPL. 26439/2025 & CM APPL. 26440/2025 SMT ASHA SHUKLA .....Petitioner Through:

Mr. Jitender Mehta, Mr. Lalit Kumar and Mr. Abhinav Kumar, Advs.

M: 9625461696 versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Manish Kumar, Sr. PC with Mr.

Kautilya Birat, GP M: 9873950114 Email: attorney.manish@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 02.05.2025 1.

The present writ petition has been filed by the petitioner with respect to the General Minor Units (GMU)/Catering Stall No. NDLS 7 at Platform No. 2/3 of New Delhi Railway Station.

2.

It is submitted that the Letter of Award dated 23rd August, 2019 was issued by the Northern Railways, by way of which, the said catering stalls were allotted in favour of the petitioner, which was subsequently extended till 09th July, 2025, vide the letter dated 11th May, 2023, for the period during which the catering stalls remained closed due to COVID-19, which has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

considered as "dies non" period.

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.

Having heard learned counsels for the parties, this Court notes that, as far as the catering policy of the Indian Railways is concerned, the same is uniform throughout the country. Therefore, since in similar matters, the Division Bench of this Court, as well as the Supreme Court, has already granted relief, considering the uniformity of the policy of the Indian Railways, this Court proceeds to adjudicate the present matter. 8.

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

gives up other challenges with regard to the policy of the Indian Railways. 9.

It is to be noted that, vide order dated 20th March, 2025, in W.P.(C) 3474/2025, titled as Shri Kishori Lal Versus Union of India and Others, this Court has, in similar circumstances, granted extension in favour of the petitioner therein.

10.

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.

11.

Accordingly, it is directed that, subject to payment of the license fees, the petitioner will be allowed to operate the General Minor Units (GMU)/Catering Stall No. NDLS 7 at Platform No. 2/3 of New Delhi Railway Station, for a period of 7 months from 09th July, 2025, at stipulated license 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 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 stalls in question. 13.

It is further made clear that extension of the license 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.

14.

Accordingly, with the aforesaid directions, the present writ petition, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

along with the pending applications, stands disposed of. MINI PUSHKARNA, J MAY 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.