W.P.(C) 124/2025 Page 1 of 3 $~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 124/2025 VASANTHAM CATERING .....Petitioner Through: Mr. Tamim Qadri, Advocate. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Rupali Bandhopadhya, CGSC with Mr. Abhijeet Kumar, Advocate for UOI. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 08.01.2025 C.M. APPL. 462/2025 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 124/2025 and CM APPL. No. 461/2025 3. This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India laying a challenge to Clause 11 of the Commercial Circular No. 20/2017 issued on 27.02.2017 as being violative of Articles 14, 19 and 21 of the Constitution of India and the judgment of the Supreme Court in Senior Divisional Commercial Manager, South Central Railways and Others v. S.C.R. Caterers, Dry Fruits, Fruit Juicestalls Welfare Association and Another, (2016) 3 SCC 582. Directions are sought inter alia to the Respondents to renew the license of the Petitioner for Catering Stall S-6 (GMU) on P.F. No.2 & 3 at Tiruchchirappalli Railway Station in consonance with Indian Railway Code for Traffic (Commercial) Department issued on 25.08.2023 under Chapter VII Clause 712. This is a digitally signed order. 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 23/01/2025 at 17:36:21 W.P.(C) 124/2025 Page 2 of 3 4. License for operating Catering Stall S-6 (GMU)/TPI on P.F. No.2/3 at Tiruchchirappalli Railway Station was awarded to the Petitioner vide LOA dated 18.06.2019 for a period of five years on an annual license fee of Rs.5,84,000/- and the period of license was 19.07.2019 to 18.07.2024. The stall was closed on 21.03.2020 due to COVID-19 Pandemic and was reopened on 16.09.2020. In accordance with guidelines issued by the Railway Board, the period of non-operation of the stall from 22.03.2020 to 15.09.2020 on account of COVID-19 was treated as ‘dies non’ and the license period was extended for 178 days from 19.07.2024 to 12.01.2025 and as per Clause 4.2(e) of the license agreement, the annual license fee for the fourth year was enhanced by 10%. Petitioner has approached this Court challenging Clause 11 of Circular dated 27.02.2017 aggrieved by non- renewal of the license. 5. At the outset, learned counsel for the Petitioner fairly submits that Petitioner would be satisfied if the license is extended by a period of 3 months from 12.01.2025, i.e. the date on which the present license period expires and in this context, relies on the order of this Court in Jai Kishan Nenwani v. Union of India & Ors., W.P. (C) 13763/2024, decided on 01.10.2024, where the Court extended the license period by 3 months with an undertaking of the Petitioner that he will vacate the stall on expiry of the extended period. 6. Issue notice 7. Ms. 6. Issue notice 7. Ms. Rupali Bandhopadhya, learned CGSC accepts notice on behalf of the Respondents and submits, on instructions, that in view of the earlier orders passed by this Court extending the license period for a limited duration, the Court may grant similar benefit to the Petitioner. This is a digitally signed order. 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 23/01/2025 at 17:36:21 W.P.(C) 124/2025 Page 3 of 3 8. Learned counsel for the Petitioner is right in his submission that there is precedent where this Court has been granting extension of the license period albeit for a limited duration and there is no reason why the Petitioner should be deprived of this benefit. 9. Accordingly, this writ petition is partially allowed directing the Respondents to extend the license of the Petitioner for three months to operate the stall in question commencing from 12.01.2025 subject to payment of requisite license fee. Petitioner shall furnish an undertaking that he shall vacate the stall in question upon expiry of the period granted by this Court. The affidavit shall be filed within four weeks from today and in case of failure of the Petitioner to vacate the stall as undertaken, Respondents shall be at liberty to remove his goods from the subject premises without further process. 10. Pending application stands disposed of. JYOTI SINGH, J JANUARY 08, 2025/shivam This is a digitally signed order. 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 23/01/2025 at 17:36:21