Page No.# 1/3 GAHC010087182025 2025:GAU-AS:5103 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2190/2025 SHRI KISHORI SHAH S/O- LATE JANAK SHAH R/O- RAJA ALI ROAD, ANANDA NAGAR, P.O.SRIPURIA, TINSUKIA, P.S. AND DISTRICT- TINSUKIA, ASSAM , PIN- 786125 VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI - 110001. 2:THE GENERAL MANAGER N.F.RAILWAY MALIGAON GUWAHATI- 11 3:THE CHIEF COMMERCIAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI - 11 4:THE DIVISIONAL RAILWAY MANAGER N.F. RAILWAY TINSUKIA DIVISION P.O. AND DISTRICT- TINSUKIA ASSAM 5:THE DIVISIONAL COMMERCIAL MANAGER N.F. RAILWAY TINSUKIA DIVISION P.O. AND DISTRICT - TINSUKIA ASSAM 6:SENIOR DIVISIONAL COMMERCIAL MANAGER N.F. RAILWAY TINSUKIA N.F. RAILWAY TINSUKIA DIVISION P.O. AND DISTRICT - TINSUKIA ASSAM Page No.# 2/3 7:THE STATION SUPERINTENDENT NEW TINSUKIA RAILWAY STATION P.O.DISTRICT P.S. AND DIST.- TINSUKIA ASSAM Advocate for the Petitioner : MR. S P ROY, MR.T YADAV,MS. P AGARWALA,MS. V RAI,JYOTISH DAS Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 28.04.2025 Heard Mr. S. P. Roy, learned counsel for the petitioner and Mr. H. Gupta, learned counsel for the respondents. 2. The petitioner, who has been running a stationery-cum-miscellaneous goods stall in Platform No. 1 in NTSK Railway Station, has prayed that the petitioner may be allowed to run his stall till 15.05.2025, as the allotment of the said stall and the last date of submission of tender for the stall that the petitioner had been running, pursuant to the tender notice dated 25.04.2025 is 16.05.2025. 3. The petitioner’s counsel submits that the licence for running the petitioner’s stall will expire on 29.04.2025 and in terms of the Catering Policy of 2017, there can be no extension of the licence for running the stall and the same has to be allotted afresh pursuant to a tender process. 4. The petitioner’s counsel submits that though the petitioner does not have any legitimate right to have his licence extended beyond 5 years, in terms of the Catering Policy of 2017, the petitioner may be allowed to run the said stall on humanitarian grounds till 15.05.2025, as the tender notice for allotting the stall, in terms of the Catering Policy of 2017, is to be decided pursuant to the tender that had been floated on 25.04.2025. Page No.# 3/3 5. The petitioner’s counsel further submits that the petitioner is ready to submit an undertaking to the respondent authority, stating that he will vacate the said stall on 15.05.2025, so as to allow him to continue running the stall till 15.05.2025. 6. Mr. H. Gupta, learned counsel for the respondents submits that though the petitioner does not have any right to continue running the stall beyond the period of 5 years, in terms of the Catering Policy of 2017, as the issue has already been settled by this Court in WP(C) 1828/2023, which has been upheld by the Division Bench in WA 124/2023 and the Supreme Court in SLP No. 17338/2024, the petitioner can be allowed to run the stall till 15.05.2025, subject to the petitioner submitting an undertaking that he will vacate the said stall on or before 15.05.2025. 7. 7. Though the Catering Policy of 2017 does not allow for extension of the period for running a stall under a licence issued by the Railway Authority beyond 5 years, the petitioner herein should be allowed to run his stall till 15.05.2025, due to the consent of the parties and keeping in view the fact that the issue of fresh allotment of the stall, pursuant to the tender notice issued by the Railway Authority, would only be decided on 16.05.2025 or later. The respondents are accordingly directed to allow the petitioner to occupy the said stall till 15.05.2025, subject to the condition that the petitioner submits an undertaking that he will vacate the said stall on 15.05.2025. The said undertaking should be submitted to the Senior Divisional Commercial Manager, NF Railways, Tinsukia on or before 3 PM of 29.04.2025. The petitioner should thereafter vacate the said stall on or before 15.05.2025, even if there is any extension of the time period for submission of application pursuant to the tender notice for fresh allotment of the stall. 8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant