Mr. Akshat Bajpai, Mr. Shobhit Trehan, Ms. Manisha Mehra and Ms. Vedika Dalmia, Advocates v. UNION OF INDIA & ORS

Through: Mr. Akshat Bajpai, Mr. Shobhit Trehan, Ms. Manisha Mehra and Ms. Vedika Dalmia, Advocates. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Rajendra Sahu, SPC with Mr.Dushyant Pratap Singh, Government Pleader and Ms. Priyanka Yadav, Advocate Respondents/UOI. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH % O R D E R 06.02.2025 CM APPL. 7092-7093/2025 in W.P.(C) 1460/2025; and CM APPL. 7207-7208/2025 in W.P.(C) 1480/2025 1. 2. Allowed, subject to all just exceptions. Applications stand disposed of. W.P.(C) 1460/2025 and connected matter 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 17/02/2025 at 17:35:50 W.P.(C) 1460/2025 and CM APPL. 7091/2025 3. This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution for a direction to the Respondents to renew the license of the Petitioner for a period of 07 months in respect of its catering stalls in various railway stations. 4. Petitioner was awarded licenses for running/operating catering stalls in different stations on different dates and for different periods, as shown in the table below: Platform Catering Stall S. No. Agreement executed on 1 2 3 4 5 Dehradun Railway Station PF no. 1/2, near Pole no. 08

22.03.2021 Garhwa Road Station Sealdah Railway Station Raigarh Railway Station SMU no. 03, Platform no. 01 under Divyang Women Category SMU no. SDAH/ S-14, P-11

14.02.2021

07.11.2019 GMU stall no. TS-41, PF-2/3 for Tea Stall

23.09.2021 Champa Railway Station SMU Stall no. TS-54, PF2/3 under women OBC category.

23.09.2021 Current contract period including extension 13.11.2019- 22.11.2025 (Contract period altered due remodelling the station) 08.10.2020- 07.10.2025

20.10.2019- 17.05.2025 (including 209 days dies non extension) 19.03.2020- 27.05.2025 69 (including days dies non extension) 21.02.2021- 20.02.2026 W.P.(C) 1460/2025 and connected matter 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 17/02/2025 at 17:35:50 W.P.(C) 1480/2025 and CM APPL. 7206/2025 5. This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India for a direction to the Respondents to renew the license of the Petitioner in respect of its Special Minor Unit (Earmarked for BPL) Unit No. ADI-29, PF No. 8/9, between pole no. 17 & 18 at Ahmedabad Railway Station. 6. Petitioner was awarded license for running/operating one Special Minor Unit (Earmarked for BPL) Unit No. ADI-29, PF No. 8/9, between pole nos. 17 & 18 at Ahmedabad Railway Station for a period of five years at the stipulated license fee, with master agreement being executed on

19.11.2020. Period of the license commenced on 01.11.2019 and was valid upto 08.02.2025. Petitioner avers that on account of Pandemic COVID-19, the stalls were shut and therefore, a policy decision was taken by the Respondents to give extension after treating the said period as dies non and while benefit of this decision was given to many contractors for varying periods over 300 days, Petitioner was granted extension only for 100 days and its license is expiring on 08.02.2025. 7. Since both these writ petitions claim similar reliefs, they were heard together and are being decided by this common order. 8. Learned counsels for the Petitioners prays that Petitioners be given extension of 7 months as given to similarly placed Petitioners in Arvind Kumar v. Union of India & Ors., W.P. (C) No. 720/2025, decided on

20.01.2025, Sree Venkateswara Enterprises v. Union of India & Ors., W.P. (C) No. 225/2025, decided on 10.01.2025 and in Manohar Bachani v. Union of India & Ors, W.P.(C) No. 12398/2024, decided on 11.09.2024. 9. Issue notice. W.P.(C) 1460/2025 and connected matter 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 17/02/2025 at 17:35:50

10. Counsels, as above, accept notice on behalf of the Respondents and do not dispute that Petitioners are similarly placed as the writ Petitioners in Arvind Kumar (supra), Sree Venkateswara Enterprises (supra) and Manohar Bachani (supra). 11. Indisputably, Petitioners in both writ petitions were awarded contracts of operating catering stalls in various railway stations across the country for a period of 05 years, commencing on different dates. Petitioners seek extension of 7 months as was granted by this Court in Arvind Kumar (supra), Sree Venkateswara Enterprises (supra) and Manohar Bachani (supra). There is no dispute between the parties that Petitioners are similarly placed as the Petitioners in Arvind Kumar (supra), Sree Venkateswara Enterprises (supra) and Manohar Bachani (supra), wherein the Courts in similar circumstances allowed the Petitioners to operate the Catering Stalls for a further period of 7 months from the date of expiry of the extended license period. The Madhya Pradesh High Court in M/s Mahakal Caters Vijay Jain v. Union of India and Others, W.P. No.29831/2024, decided on

01.10.2024, has granted similar extension of 7 months to the Petitioner therein. I am of the view that Petitioners cannot be discriminated and are entitled to the same relief. 12. Accordingly, these writ petitions are disposed of with a direction that subject to payment of license fee, Petitioners shall be allowed to operate their respective stalls as detailed above, for a further period of 7 months from the respective dates of expiry of the original/extended license periods. This would, however, be subject to undertakings by the Petitioners, on affidavits, before this Court that they will vacate the stalls in question on expiry of the extended period of 7 months, failing which Respondents will W.P.(C) 1460/2025 and connected matter 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 17/02/2025 at 17:35:50 be at liberty to remove their goods from the stalls. The affidavits shall be filed within three weeks from today. 13. Pending applications also stand disposed of. FEBRUARY 6, 2025 B.S. Rohella JYOTI SINGH, J W.P.(C) 1460/2025 and connected matter 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 17/02/2025 at 17:35:50