Advocates. vs UNION OF INDIA AND ORS

Through: Ms. Ekta Choudhary, SPC with Mr. Anand Krishna, Mr. Ayush Kumar and Ms. Rushali Sikand, Advocates for UOI. Ms. Ekta Choudhry with Mr. Anand Krishna and Mr. Ayush Kumar, Advocates for Department of Railway. (M): 7070420988 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R 03.04.2025 The present writ petition has been filed by the petitioner with respect %

1. to the Catering Stall No. SMU-09, on Platform No. 4/5 at Samastipur W.P.(C) 4194/2025 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 08/04/2025 at 12:08:47 Railway Station of Samastipur Division, East Central Railway.

2. It is submitted that a Letter of Award dated 10th January, 2020, was issued by the Divisional Railway (Varanasi) Samastipur, by way of which the said catering stall, was granted in favour of the petitioner, which was subsequently extended till 9th May, 2025, vide letter dated 31st January,

3. It is submitted that this Court, on previous occasions, has granted relief in similar matters. Attention of this Court has been drawn to the order dated 07th March, 2025, passed by the Predecessor Bench of this Court in W.P.(C) 2953/2025, titled as Sadeek Ali Versus Union of India and Ors., wherein, further extension of 7 months has been granted to the petitioner therein. Attention of this Court has also been drawn to other similar orders passed in other petitions.

4. Thus, it is submitted that the license period of the petitioner in the present case also, ought to be extended for another period of 7 months and that the petitioner is ready to give an undertaking on affidavit before this Court, that the petitioner will vacate the stall in question, on expiry of the extended period of 7 months.

6. Issue notice. Learned counsel appearing for the respondent-Railways submits that the present matter pertains to the Eastern Railways. Therefore, this Court will not have jurisdiction over the present matter.

7. However, this Court notes that vide judgment dated 30th May, 2024, in the case of W.P.(C) 6771/2024, Ved Prakash Mishra Versus Union of India and Ors. and other connected matters, this Court with respect to the issue of jurisdiction, has held as follows: W.P.(C) 4194/2025 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 08/04/2025 at 12:08:47 “xxx xxx xxx

9. In Jayaswals Neco (supra), the petitioner therein impugned letter of demands raised by South East Central Railway, Chhattisgarh; they also impugned para 1744 of the Indian Railway Commercial Manual, framed by the Railway Board in Delhi. This Court held that even though no part of cause of action has arisen in Delhi since a writ striking down para 1744 of the Indian Railway Commercial Manual would have to be issued to the Railway Board which is in New Delhi, from the standpoint of Article 226 (1) of the Constitution, this Court would have jurisdiction inasmuch as the authority to whom the writ is to be issued is located within the normal territorial limits of this Court. Relevant extract from the said judgment is as under: “55. In the light of the discussion above, it has now to be determined as to whether in the present case this Court has jurisdiction to entertain the writ petitions. As territorial noticed above, the question as to whether the Court has territorial jurisdiction to entertain a writ petition has to be arrived at on the basis of the averments made in the petition, the truth or otherwise thereof being immaterial. [see Kusum Ingots (supra) and ONGC v. Utpal Kumar Basu (supra)]. It has been averred in the petitions that paragraph 1744 of the Indian Railways Commercial Manual, which is an executive instruction issued by the Railway Board, is the root cause for the raising of the punitive demands, which are challenged in this petition. Mr Kaul submitted that if paragraph 1744 had not existed then the demands challenged herein would not have been raised. He submits that paragraph 1744 is violative of Section 73 and 79 of the Railways Act, 1989. Without going into the question of truth or otherwise of these averments and without examining the merits of the challenge to paragraph 1744 of the Indian Railways Commercial Manual, it is clear that the challenge exists and that the said paragraph 1744 forms part of the Indian Railways Commercial Manual, which was issued by the Railway Board at New Delhi. A writ striking down the said paragraph would have to be issued to the Railway Board which is in New Delhi. Therefore, from the standpoint of Article 226 (1) of the Constitution, this Court would have jurisdiction inasmuch as the authority to whom the writ is to be issued is located within the normal territorial limits of this Court. It is true that if the case rested only on a challenge to the demands de hors the question of validity of para 1744 then, only Article 226(2) would be applicable and W.P.(C) 4194/2025 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 08/04/2025 at 12:08:47 this Court would not have territorial jurisdiction as no part of the cause of action has arisen in Delhi. But, that is not the case.” In the present case, it cannot be said that this Court is devoid of 12. the jurisdiction to entertain the present writ petitions challenging Clause 11 of the Catering Policy 2017. Considering that in some of these petitions is Northern Railway, headquartered in Delhi and also considering that common issues arise for consideration in this batch of matters, this Court deems it apposite to entertain the present petitions and adjudicate the same on merits. concerned railways xxx xxx xxx” (Emphasis Supplied)

8. Considering the aforesaid, it is to be noted that the issue, as regards the jurisdiction of this Court, already stands settled. Further, this Court notes that, as far as the catering policy of the Indian Railways is concerned, the same is uniform throughout the country. Therefore, since in similar matters, the Division Bench of this Court, as well as the Supreme Court, has already granted relief, considering the uniformity of the policy of the Indian Railways, this Court proceeds to adjudicate the present matter.

9. Learned counsel appearing for the petitioner, at this stage, states that the petitioner is only pressing for the grant of extension of the license period for the period of 7 months, in terms of the orders passed previously, and gives up other challenges with regard to the policy of the Indian Railways.

10. Learned counsel appearing for the respondents draw the attention of this Court to the order passed by the learned Division Bench in a similar matter, wherein, four months extension had been granted, by relying upon order of the Supreme Court, in a similar matter.

11. However, learned counsel appearing for the petitioner submits that the extension of four months was granted in addition to the 3 months’ extended period, as granted by the learned Single Judge. Thus, he submits that in total, W.P.(C) 4194/2025 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 08/04/2025 at 12:08:47 7 months’ extension was granted on previous occasions also.

12. The aforesaid submissions made on behalf of the parties, are noted.

13. Having heard learned counsels appearing for the parties, this Court notes that, vide order dated 20th March, 2025, in W.P.(C) 3474/2025, Shri Kishori Lal Versus Union of India and Others, this Court has, in similar circumstances, granted extension in favour of the petitioner therein.

14. Thus, considering the fact that similar orders have been passed on previous occasions also by this Court, thereby, granting an extension of time for running the stall, this Court is of the view that in parity with the orders passed earlier by this Court, a 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.

15. Accordingly, it is directed that, subject to payment of license fees, the petitioner will be allowed to operate the Catering Stall No.SMU-09, on Platform No. 4/5 at Samastipur Railway Station of Samastipur Division, East Central Railway for a period of 7 months from 9th May, 2025, at stipulated license fees.

16. 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 at liberty to remove the goods of the petitioner, from the stall in question.

17. It is further made clear that extension of the licence fees of the petitioner will not preclude the Railways from inviting fresh tenders, for awarding of the license, on expiry of the extended period of license of the petitioner. W.P.(C) 4194/2025 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 08/04/2025 at 12:08:47

18. Accordingly, with the aforesaid directions, the present writ petition, along with the pending applications, stands disposed of. APRIL 3, 2025 c MINI PUSHKARNA, J W.P.(C) 4194/2025 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 08/04/2025 at 12:08:47