- 1 - HC-KAR NC: 2025:KHC:32310 WP No. 25213 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25213 OF 2025 (GM-RES) BETWEEN: M/S. SEEMA CATERERS, SITUATED AT 777, 9TH MAIN ROAD, 3RD BLOCK, 1ST STAGE, HBR LAYOUT, BENGALURU -560043. REPRESENTED BY ITS PARTNER. MR. ALTAF ULLA SHARIFF SON OF MR. MUNAWAR SHARIFF, AGED ABOUT 50 YEARS …PETITIONER (BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. MAHAMMED TAHIR A.,ADVOCATE) AND: 1. THE UNION OF INDIA, THE MINISTRY OF RAILWAYS, RAIL BHAVAN, RAISINA ROAD, NEW DELHI-110001. REP BY ITS SECRETARY 2. THE CHAIRMAN, RAILWAY BOARD, THE MINISTRY OF RAILWAYS, RAIL BHAVAN, RAISINA ROAD, NEW DELHI-110001 3. M/S. INDIAN RAILWAY CATERING AND TOURISM CORPORATION ( IRCTC), SITUATED AT 11TH FLOOR, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32310 WP No. 25213 of 2025 STATESMAN HOUSE BUILDING, B-148, BARAKHAMBA ROAD, NEW DELHI-110001. REP BY ITS CHIEF MANAGING DIRECTOR 4. M/S. INDIAN RAILWAY CATERING AND TOURISM CORPORATION (IRCTC), SITUATED AT 4TH FLOOR, TOWER - D, WORLD TRADE CENTER, NAUROJI NAGAR, NEW DELHI-110029. REP BY ITS GROUP GENERAL MANAGER / PROCUREMENT 5. M/S. INDIAN RAILWAY CATERING AND TOURISM CORPORATION (IRCTC -SZ), SITUATED AT 6 A, THE RAIN TREE PLACE, 9 MC NICHOLS ROAD, CHETPET, CHENNAI -600031. REP BY ITS GROUP GENERAL MANAGER /SZ/ IRCTC …RESPONDENTS (BY SRI. H. SHANTI BHUSHAN, DSG FOR R1 AND R2; SRI. KUSHAL GOWDA, ADVOCATE FOR SRI. ABHINAY Y.T, ADVOCATE FOR R3 TO R5) THIS WP IS FILED UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF RESPONDENTS; ISSUE AN ORDER, DIRECTION OR A WRIT, IN THE NATURE OF WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS TO EXTEND THE PETITIONER LICENSE FURTHER PERIOD 3 MONTHS AS PER LETTER OF COMMENCEMENT DATED 05.06.2025 VIDE ANNEXURE E AND LETTER OF COMMENCEMENT DATED 22.07.2025 VIDE ANNEXURE E-1; ISSUE AN ORDER, DIRECTION OR A WRIT, IN THE NATURE - 3 - HC-KAR NC: 2025:KHC:32310 WP No. 25213 of 2025 OF WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 01.08.2025 OF THE PETITIONER VIDE ANNEXURE - F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who is in the business of catering and other services, is issued with Short Term Tender on 30.05.2025 [STT Order dated 30.05.2025], subject to payment of license fee and other charges but on the condition that the licence will be for a period of three months or until finalisation [or commencement] of a Long Term Tender whichever is earlier. The further stipulation is that the first respondent could also assign the license to a new licensee or M/s. Indian Railway Catering and Tourism Corporation [IRCTC]. The petitioner, in terms of this contract, is assigned a certain number of trips, but on 22.07.2025 certain additional trips - 4 - HC-KAR NC: 2025:KHC:32310 WP No. 25213 of 2025 are assigned, and this arrangement is to be until 09.09.2025. This Court must observe that there is no dispute about the petitioner being entitled to continue the services until 09.09.2025 in terms of this order dated 22.07.2025. 2. Mr. Jayakumar S. Patil, the learned Senior counsel for the petitioner, submits that the first respondent has not floated any tender for awarding the services to another contractor nor any measure is taken to entrust the services to another licensee or even for the IRCTC to take over. The learned Senior Counsel submits that, therefore, the petitioner must be permitted to continue the services with just an extension in view of the provisions for extension in the Short Term Tender. 3. Mr. Kushal Gowda, the learned counsel for Mr. Abhinay Y. T, who is permitted to take notice for the answering third to fifth respondents, submits that he is on instructions to place before this Court - 5 - HC-KAR NC: 2025:KHC:32310 WP No. 25213 of 2025 that the petitioner could continue to operate as a licensee offering the different services in terms of the STT Order dated 30.05.2025 provided the petitioner tenders the license fee and does not insist for any continuation once the Long Term Tender for five years is floated and finalized or if the IRCTC itself taking over the services. 4. In rejoinder, Mr. 4. In rejoinder, Mr. Jayakumar S. Patil submits that the petitioner's representation dated 01.08.2025 [Annexure - F] is only for the relief as aforesaid and he can state on instructions that the petitioner will not default in paying the license fee or in seeking extension of time if the Long Tender is finalized or IRCTC itself takes a decision to offer the services itself. 5. These submissions narrow down the scope for consideration and the petition must be disposed of in the light of these submissions. This Court must observe that the petitioner will be - 6 - HC-KAR NC: 2025:KHC:32310 WP No. 25213 of 2025 entitled to operate the license to offer services on the terms as contained in the STT Order dated 30.05.2025 until Long Term Tender is floated and finalized or there is a decision by the third respondent to take over the services itself or to assign the another licensee. Further, this Court must also observe that this disposal based on the submission as aforesaid, cannot be a reason for extension beyond the period that is contemplated under the STT Order dated 30.05.2025. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RB