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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Kalawati Devi, w/o. Late Dipti Singh – Appellant
Versus
Union of India through General Manager – Respondent
JUDGMENT :
(Sujit Narayan Prasad, A.C.J.)
Prayer:
1. The instant writ petition has been filed under Article 226 of the Constitution of India for issuance of writ of certiorari for quashing of the order dated 12.06.2024 passed by the respondent no.5, Divisional Railway Manager, Ranchi, whereby and whereunder, the claim of the petitioner for renewal of the license of the South Indian food Stall known as “MaaKaAashirvad” at Platform No.1 at Ranchi Railway Station, has been rejected while dealing with the representation dated 23.03.2024 filed by the petitioner in pursuance of the order dated 14.03.2024 passed in W.P.(C) No. 4019 of 2018. Further direction has been sought for upon the respondent concerned to renew the license of stall of the petitioner, Catalog No.RNCSALON5 for running the South Indian Stall known as “MaaKaAashirvad” at Platform No.1 at Ranchi Railway Station or in alternative to allot the same place/same food stall to the petitioner.
Facts:
2. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, reads as under:
The husband of the Petitioner namely, Dipti Singh, was allotted South Indian food Stall at Platform No.1
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.
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....
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.
Licenses under Catering Policy are subject to renewal only upon satisfactory performance; violations of service standards invalidate renewal expectations.
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.
Renewal of catering unit licenses is not automatic and is subject to fulfilling specified conditions as per the Catering Policy, 2010.
License renewal subject to satisfactory performance; penalties on licensee justified rejection of renewal application.
The court upheld the revised eligibility criteria in the Catering Policy, emphasizing public interest in improving food quality and hygiene, while rejecting claims of monopoly and discrimination.
Legal agreements explicitly stating non-renewability clauses are enforceable, denying claims for extensions based on perceived unequal treatment resulting from a pandemic.
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