M/S B H Catering v. Union Of India & ANR.

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 775/2025 M/S B H CATERING .....Petitioner Through:

Mr.

Akshat Bajpai, Advocate (through VC).

versus UNION OF INDIA & ANR.

.....Respondents Through:

Ms. Shubhra Parashar, Mr. Virender Pratap Singh Charak, Advocates for R-1 & R-2/UOI/Eastern Railway.

Mr. Jasram Meena, Senior Divisional Commercial Manager (through VC)

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 16.05.2025 CM APPL. 29527/2025 (Exemption) 1.

Exemption is allowed, subject to all just exceptions. 2.

Application stands disposed of.

CONT.CAS(C) 775/2025 1.

Pursuant to order dated 15th May 2025, counsel for respondent contends that the petition is premature since the license is expiring tomorrow.

2.

On a query to the respondent's counsel whether they have issued a letter to petitioner for the extension, as directed by order dated 6th February 2025 in W.P.(C) 1460/2025 for an extension of seven months, she states that the issue will only arise after his license expires. 3.

This position taken by the respondent is totally unfair and shows the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:39:48

recalcitrant nature of the position taken by the Department in the teeth of the orders passed by the Court, which prima facie smacks of an intent to wilfully disobey. Besides, counsel for respondent states that an LPA has been filed vide Diary No.3420598/2025 dated 14th May 2025. 4.

The petitioner, in whose favour an order has been passed by this Court, cannot wait for his license to expire and then await a communication confirming the extension.

5.

The order was passed in February 2025 and after four months, the Department chooses to keep him hanging and uninformed, till the last date. At this stage at 02:45 P.M.

6.

On the direction of the Court, Mr. Jasram Meena, Senior Divisional Commercial Manager stationed at Sealdah, West Bengal appears through VC and confirms that till there is any adverse order passed by a Competent Court against the directions passed by this Court on 6th February 2025, the petitioner shall not be displaced from the Catering Stalls. 7.

Accordingly, the petition is disposed of, taking this undertaking on record.

8.

Liberty is given to petitioner to re-agitate the matter in case there is any continued infraction.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 16, 2025/ak/na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:39:48