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VIJAY BISHNOI, SUMAN SHYAM
Deepak – Appellant
Versus
Union of India, through the Secretary, New Delhi – Respondent
JUDGMENT :
VIJAY BISHNOI, J.
1. Heard Mr. A. Choudhury, learned senior counsel, assisted by Ms. B. Chowdhury, learned counsel for the appellants. Also heard Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India, representing the respondents.
2. This intra-Court appeal is filed by the appellants being aggrieved with the order dated 31.03.2023 passed by the learned Single Judge in W.P. (C) No. 1828/2023.
3. Brief facts of the case are that the appellant No. 1 is a Partnership Firm and the appellant No. 2 is the majority Partner of the appellant No. 1 Firm. The appellant No. 2 is presently running Food Stalls at Guwahati and Kamakhya Railway Stations, which fall in A-1 and A-2 Category Railway Station. Pursuant to the Tender Notice dated 17.06.2014, the appellant No. 1 applied for licences for operating Food Stalls at Guwahati and Kamakhya Railway Stations under the Catering Policy of 2010 and pursuant to the same, a Letter of Acceptance (LoA) was issued in favour of the appellants in February, 2017. However, as the Letter of Acceptance was issued to the appellants prior to the date of coming into force of the Policy of 2017, the rights of the appellants were protected as per Cl
The absence of a provision for license extension in a subsequent policy means that the rights of license holders under a previous policy do not automatically entitle them to seek an extension of thei....
Tender-based catering licenses under 2017 policy non-renewable per agreement terms; older code inapplicable excluding tenders; no perpetual right after prior binding judgments dismissing renewal clai....
Licenses under Catering Policy are subject to renewal only upon satisfactory performance; violations of service standards invalidate renewal expectations.
The petitioner cannot claim renewal of a catering license under the new policy due to failure to meet stipulated conditions outlined in previous judicial decisions.
The court ruled that the renewal of food stall licenses must adhere to the Catering Policy 2010, emphasizing the rights of existing licensees despite the expiration of their licenses.
Legal agreements explicitly stating non-renewability clauses are enforceable, denying claims for extensions based on perceived unequal treatment resulting from a pandemic.
The court established that renewal of a contractual licence is not an automatic right and requires strict adherence to stipulated conditions, including timely submission of mandatory documents.
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