JUDGMENT :

V.P. Patel, J.

1. This Petition is filed by the Petitioner - widow of the Original Allottee of Tea and Refreshment Stall against the Respondents seeking direction to quash and set aside the E-Tender No. C-45/BRC/15/Gen/Women/19 published in Newspaper dated -03-2019.

2. Reliefs claimed by the Petitioner:

The Petitioner has claimed the following relief in the Petition at paragraph 7(a) and 7(b):

"1(a) This Hon'ble Court may be pleased to issue any appropriate writ, order or direction to quash and set aside the impugned e-tender No. C-45/BRC/15/Gen/Women/19 by way of which the respondents have changer the nature of the stall of the petitioner from that of the reserved category to general category and have invited bids on the same and be further pleased to restrain the respondents from displacing the petitioner from her present existing stall at Platform No. 2 and 3 between Column 12/13 at Vadodara Railway Station.

7(b) Pending hearing and final disposal of this writ petition, the Honourable Court may be pleased to direct that status quo be maintained with respect to the stall of the petitioner at Platform No. 2 and 3 between Column 12/13 at Vadodara Railway Station in consonance and compliance of the orders passed by the Hon'ble Supreme Court and other Hon'ble Courts as well as order dated 01.05.2019 passed by the Director (T&C), Railway Board till such time that the Hon'ble Supreme Court does not decide the appeal being Civil Appeal No. 7513 of 2005 and analogous case referred to the Constitutional Bench;

2.1. The Draft Amendment dated 22.6.2019, filed by the Petitioner, to amend the petition is granted by this Court vide order dated 26.6.2019. By way of Draft Amendment, the Petitioner has carried out the amendment and prayed for the following reliefs at paragraph 7(aa) and 7(bb):

"7(aa) This Hon'ble Court may be pleased to issue any appropriate writ, order or direction to quash and set aside the impugned notice dated 21.6.2019 issued by the Respondent No. 3 by way of which the Respondents have instructed the Petitioner to vacate the stall held by her within one week and further be pleased to restrain the respondents from displacing the petitioner from her present existing stall at Platform No. 2 and 3 between Column 12/13 at Vadodara Railway Station.

7(bb) Pending hearing and final disposal of this writ petition, the Honourable Court may be pleased to stay the operation, implementation and execution of the impugned notice dated 21.6.2019 and further be pleased to direct that status quo be maintained with respect to the stall of the petitioner at Platform No. 2 and 3 between Column 12/13 at Vadodara Railway Station in consonance and compliance of the orders passed by the Hon'ble Supreme Court other Hon'ble Courts as well as order dated 01.05.2019 passed by the Director (T&C), Railway Board till such time that the Hon'ble Supreme Court does not decide the appeal being Civil Appeal No. 7513 of 2005 and analogous case referred to the Constitutional Bench."

3. Case of the Petitioner:

3.1. The husband of the Petitioner was allotted a Tea and Light Refreshment Stall at Platform No. 2/3 between Column No. 12/13 at Vadodara Railway Station (Al Category). That the husband of the Petitioner was running the said stall for over 23 years since 25.6.1993 and after his death on 15.9.2014, the Petitioner has been running the said stall.

3.2. It is stated that the Petitioner had previously preferred Special Civil Application No. 3834 of 2015 praying for quashing the communication dated 11.2.2015 dispossessing her from the stall and this Hon'ble Court vide order dated 28.9.2015 directed the Respondents to permit the Petitioner to run the stall if the Petitioner gives an undertaking to adhere to the same conditions as laid down by the Hon'ble Division Bench of this Court in Niranjanswarup Ratanlal Jain v. Western Railway [Special Civil Applic