✦ High Court of India · 24 Mar 2025

Mr. Chandan Kumar with Mr. Dinesh Kr. Tiwary, Advocates v. UNION OF INDIA AND ORS

Case Details High Court of India · 24 Mar 2025
Court
High Court of India
Decided
24 Mar 2025
Length
1,098 words

Through: Mr. Chandan Kumar with Mr. Dinesh Kr. Tiwary, Advocates. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Pradeep Kumar Jha, Senior Panel counsel with Ms. Kanishka Kharbanda, Advocate for UOI. (M): 9953133627 Email: [email protected] Mr. Vedansh Anand, Govt. Pleader. (M): 8076802450 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R 24.03.2025 The present petition has been filed seeking directions to the %

1. respondents to reschedule the contract period of food stall no. A II-03, at Ajmer Railway Station, on Platform No. 1 between Pillar No. 16 and 17 from Madar End, and extend the contract period of the said catering stall awarded to the petitioner, for further period of about 500 days, beyond original contract period as per methodology made by the respondents for calculation of ‘Dies-Non’ period, and residual of contract period as per letter W.P.(C) 3589/2025 Page 1 of 4 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 27/03/2025 at 15:06:44 dated 21st May, 2020, and 04th 2. October, 2021. Learned counsel appearing for the petitioner submits that this Court in identical matters, vide order dated 11 September, 2024 in W.P.(C) 12398/2024, titled Manohar Bachani Versus Union of India & Ors., allowed the petitioner to operate the said Multi-Purpose Stall (‘MPS’) for a further period of 7 months from the date of expiry of the licence. 3. It is submitted that the petitioner has fruit stall catering licence, for food stall at Ajmer Railway Station on Platform No. 1 and Stall No. A II-03 between Pillar No. 16 and 17 from Madar End awarded by the Senior Divisional Commercial Manager, Ajmer Division by the letter dated 13 March, 2019. 4. It is submitted that as per the letter dated 24 th September, 2024 issued Issue notice. March, 2025. by the Senior Divisional Commercial Manager, Ajmer Division, petitioner is entitled to operate its stall, till 28th 5. 6. 7. 8. Notice is accepted by learned counsel appearing for the respondents. This Court notes that similar matters were listed on 20th March, 2025 in W.P.(C) 3474/2025, titled Sh. By order dated 20 March, 2025. Kishori Lal Versus Union of India & Ors., this Court passed the following order: “xxx xxx xxx

8. Learned counsel appearing for the respondents draws the attention of this Court to the order passed by the Division Bench in a similar matter, wherein, four months extension period had been granted relying upon the order of the Supreme Court, in a similar matter. However, learned counsel appearing for the petitioner submits that 9. the four months of extended period was granted, in addition to the 3 months extended period by the learned Single Judge. Thus, he submits that in total, 7 months extension was granted on previous occasions, also. W.P.(C) 3589/2025 Page 2 of 4 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 27/03/2025 at 15:06:44 Having heard learned counsels appearing for the parties, and 10. considering the fact that similar orders have been passed on previous occasions also by this Court, thereby granting extension of time for running the stall, this Court is of the view that in the parity with the orders earlier passed by this Court, similar order ought to be passed in the present case also. This Court sees no reason to take a different view from the orders passed earlier. Accordingly, it is directed that subject to payment of licence fees, 11. petitioner will be allowed to operate the Tea stall at B-6 at Platform no. 2/3 of Raipur Railway Station, for a further period of 7 months from 03rd April, 2025, at the stipulated licence fees.

12. The petitioner is directed to file an undertaking, on an affidavit, before this Court, within a period of four weeks from today, that the petitioner shall vacate the stall in question, on expiry of the extended period of 7 months, failing which, the respondents will be liberty to remove the goods of the petitioner, from the stall in question. xxx xxx xxx”

9. Considering the aforesaid decision, wherein, similar orders have been passed by this Court, thereby, granting extension of time for running the stall, this Court is of the view that in parity with the orders earlier passed by this Court, similar order ought to be passed in the present case, also. 10. This Court sees no reason to take a different view from the orders passed earlier. 11. Accordingly, it is directed that subject to payment of licence fees, the petitioner will be allowed to operate the food (catering) Stall No. A II-03 on Platform No. 1 at Ajmer Railway Station for a further period of 7 months from 28th 12. The petitioner is directed to file an undertaking, on an affidavit, March, 2025, at the stipulated licence fees. before this Court, within a period of four weeks from today, stating that the petitioner shall vacate the stall in question, on expiry of the extended period of 7 months, failing which the respondents will be at liberty to remove the W.P.(C) 3589/2025 Page 3 of 4 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 27/03/2025 at 15:06:44 goods of the petitioner from the stall in question. 13. At request of learned counsel appearing for the petitioner, the issue with respect to the request of the petitioner for extension of his contract for a period of 30 days from 29th March, 2025, to 04th May, 2025, in terms of letter of request of the petitioner dated 24th 14. Accordingly, the present writ petition, along with pending December, 2024, is kept open. applications, is disposed of, in terms of the aforesaid directions. MARCH 24, 2025 c MINI PUSHKARNA, J W.P.(C) 3589/2025 Page 4 of 4 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 27/03/2025 at 15:06:44

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