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.

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 at Ranchi Railway Station in the year 1994, validity of the same was from 21.12.1994 to 28.12.1997 and before expiry of the license of aforesaid food stall was renewed for five years again i.e. up to 2002, but before the date of expiry of the license, the husband of the petitioner namely, Dipti Singh, died on 15.11.2000. The License of said Catering Unit was transferred in favor of the Petitioner being the Legal Heir and widow wife of the deceased by the Railway authority. The License was further renewed from 21.12.2002-20.12.2007, by Adra Division, on the basis of her satisfactory performance and after being satisfied that petitioner has paid all the dues.

Further, renewal of License of the petitioner was made for further 03 Years, for the period from 21.01.2012-20.01.2015, as per Catering Policy 2010, which came into effect on 21.07.2010.

It is the case of the writ petitioner that the license of the Catering Stall of the petitioner was to be renewed for further 03 Years, as per Catering Policy 2010 but, the Respondents have taken the Thumb impression of the Petitioner on a written agreement and accordingly, the extension of license for 90 Days for the period from 21.04.2015-20.07.2015, was extended. Although, the Respondents were supposed to renew the License for further 03 Years, but, the Respondents have not informed the Petitioner for renewal of License of the Stall for 90 days, moreover, there is no provision for extension of license only for 90 days as the clause 16.2.1 of Catering Policy, 2010, talks about renewal of license every 03 years.

Thereafter, vide letter dated 17.07.2015 issued by Senior D.C.M., Ranchi to Station Master, Ranchi Railway Station, directing therein, to take steps to vacate the food stall of the Petitioner and all of sudden, on 21.07.2015, the Respondent No.5 alongwith the members of Railway Protection Force came to the food stall and ousted the Petitioner

It is also the case of the writ petitioner that the respondents have floated tender at least five times, at the cost of public exchequer, but till date it has not been allotted to any one and the place/food stall is still vacant and also the floating of the tender is against the Catering Policy, 2010 and other catering policy prevalent at the relevant time but on protest, the said tender process was dropped.

Thereafter, the petitioner again made application to the Respondents to renew her license in the light of the direction of the Apex court given vide order dated 29.01.2016 in the case of Senior Divisional Commercial Manager, South Central Railway & Ors. Vs. S.C.R. Caterers & Anr., (2016) 3 SCC 582.

Thereafter, the Divisional Railway Manager vide letter dated 24.4.2017 had written letter to the Chief Commercial Manager, South East Railway for implementation of Commercia