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High Court of DelhiW.P.(C)/10325/2025

Smt Sarju Devi v. Union Of India & ORS.

2025-07-21Hon'Ble Ms. Justice Mini Pushkarna4 pages

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10325/2025 & CM APPL.

42875/2025, CM APPL.

42876/2025, CM APPL. 42877/2025 SMT SARJU DEVI .....Petitioner Through:

Mr. Lalit Kumar, Adv. (through VC) versus UNION OF INDIA & ORS.

.....Respondents Through:

Syed Abdul Haseeb, CGSC, Mr.

Sarvesh, GP for respondents.

Mob: 9811962385 Email: syedahaseeb@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 21.07.2025 1.

The present writ petition has been filed by the petitioner with respect to the one Special Minor Unit ("SMU")/Catering Stall No. SMU 20 DEE at Platform No. 1 (Near Sanchi Milk Stall), Delhi Sarai Rohilla Railway Station for A Category, earmarked for BPL category. 2.

It is submitted that as per the Master License Agreement dated 22nd July, 2022, between the Divisional Commercial Manager, Delhi Division, Northern Railway and the petitioner, the said catering stall was allotted in favour of the petitioner for a period of five years starting from 25th July, 2020 to 24th July, 2025.

3.

It is submitted that this Court, on previous occasions, has granted relief in similar matters, wherein, extension has been granted beyond the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

"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.

Responding to the aforesaid learned counsel for the respondents, on advance notice, has handed over to this Court an order dated 23rd December, 2024, passed in W.P.(C) 17790/2024, titled as Sarju Devi Versus Union of India and Ors., with respect to another catering stall at Vapi Railway Station, by way of which the petitioner herein was granted an extension for three months. He, thus, submits that, in the present petition also, the petitioner is entitled to extension of only three months, and that any further extension can be granted by the Division Bench. 6.

Having heard learned counsels for the parties, it is noted at the outset, that this Court has passed various orders, wherein, extension of 7 months has been granted on the basis of the orders passed by the Division Bench of this Court and Supreme Court of India. Therefore, this Court sees no reason to treat the case of the petitioner herein differently. 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 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. 8.

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.

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 the license fees, the petitioner will be allowed to operate the one Special Minor Unit ("SMU")/Catering Stall No. SMU 20 DEE at Platform No. 1(Near Sanchi Milk Stall), Delhi Sarai Rohilla Railway Station, for A Category earmarked for BPL category, for a period of 7 months from 24th July, 2025, at the 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 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. 12.

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

petitioner.

13.

Accordingly, with the aforesaid directions, the present writ petition, along with the pending applications, stands disposed of. MINI PUSHKARNA, J JULY 21, 2025/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.