Union Of India And ORS v. M/S B H Catering Through Its Proprietor Mrs. Hani Khatoon

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 562/2025, CM APPL. 55641/2025, CM APPL. 55642/2025, CM APPL. 55643/2025 & CM APPL. 55644/2025 UNION OF INDIA AND ANR .....Appellants Through:

Mr. Virender Pratap Singh Charak, Ms.

Shubhra Parashar and Mr. Pushpender Pratap Singh, Advocates.

versus M/S B H CATERING SERVICES .....Respondent Through:

Mr. Chandan Kumar, Mr. Dinesh Kumar Tiwary and Mr. Shubham Rai, Advocates.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 12.12.2025 1.

Present Letters Patent Appeal has been filed challenging the order dated 06.02.2025 passed by the learned Single Judge in W.P(C) 1460/2025 titled "M/s B H Catering vs. Union of India & Ors.", wherein the learned Single Judge has granted a 7 months extension to vacate the catering stall in question.

2.

Learned counsel for the appellant submits that the period extended by learned Single Judge is expiring on different dates, as shown in the table below:

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

S.no Platform Catering Stall 7 months extension expiring on Dehradun PF no.1/2, near Pole no.08 23.06.2026 Railway Station Garhwa Road SMU no.3, Platform no.01 08.05.2026 Station under Divyang Women Category Sealdah SMU no.SDAH/S-14, P-11 18.12.2025 Railway Station Raigarh GMU stall no. TS-41, PF-2/3 28.12.2025 Railway Station for Tea Stall Champa SMU Stall no. TS-54, PF2/3 21.09.2026 Railway Station under women OBC category 3.

Learned counsel appearing for the parties jointly submit that the present appeal has been filed only in respect of stall at serial no.3 referred in the table above, i.e., SMU no. SDAH/S-14, P-11 at Sealdah Railway Station, in respect of which, the extended period of 7 months is expiring on 18.12.2025. 4.

Keeping in view the admitted position that the extension granted by the learned Single Judge to operate the catering stall in question is expiring on 18.12.2025, coupled with the fact that the respondent has already furnished its undertaking to vacate the catering stalls in question on its own on expiry of the extended period of 7 months from 17.05.2025, we are of the opinion that no purpose would be served in keeping the appeal pending. We, however, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

keep the legal issues raised herein open to be decided in some other appropriate matter.

5.

We may observe that respondent shall vacate the premises in terms of the undertaking given and peacefully handover the vacant physical possession of the catering stall in question in their occupation. In case the respondent fails to vacate the stall in question within the said period, the appellant will be at liberty to remove the goods from the stall. 6.

Needless to state that the appellant is entitled to issue fresh tender in respect of stall in question as and when vacated as per the undertaking. The appellant is also at liberty to recover license fee/rent from the respondent if not paid already.

7.

In view of the above, the present appeal is disposed of alongwith pending applications, if any.

DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J DECEMBER 12, 2025/rl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.