Renewal of catering unit licenses is not automatic and is subject to fulfilling specified conditions as per the Catering Policy, 2010.

JUDGMENT :

B.R. SARANGI, J.

The Petitioner, by means of this Writ Petition, seeks to quash the Notice dated 01.01.2016 issued by the Opposite Party No.2 under Annexure-8, by which direction has been given to vacate the Stall, within seven day of receipt of the notice, and handover the same to the Station Manager, Sambalpur, for further action. It has further been prayed to quash the Tender Call Notice dated 22.06.2015, issued by the said Opposite Party under Annexure-9, and direct the Opposite Parties to allow her to continue with her operation of the Vegetarian Tea Stall at Platform No.1, Sambalpur Station, Sambalpur.

2. The factual matrix of the case, in a nutshell, is that the Petitioner was running the Vegetarian Tea Stall at Sambalpur Railway Station at Platform No.1, Sambalpur, under the Sr. Divisional Commercial Manager, East Coast Railway, Sambalpur, since long. Prior to 30.04.2013, the license for running the Tea Stall was issued in favour of the father of the Petitioner and after his sudden demise, the license was transferred in the name of the Petitioner. On 30.04.2013, Opposite Party No.1 issued a letter to the Petitioner regarding transfer of license of Vegeterian Tea Stall at Platform No.1, Sambalpur Station, and directed her to deposit the license fee and other charges, if any, pending against the said stall. Accordingly, the Petitioner deposited the required fees and continued to run that Tea Stall, as per the terms and conditions of the Agreement made on 07.01.2014 between the father of the Petitioner and the Divisional Commercial Manager, East Coast Railway, Sambalpur. No fresh Agreement was executed between the Petitioner and Opposite Party No.1 in spite of repeated request of the Petitioner. The Petitioner has deposited the license fee and the revised license fee for renewal of the Catering Unit, as and when asked by the Authority. The Petitioner has also deposited the provisional license fee up-to 20.01.2016, which was duly accepted by the Opposite Parties. During this period the Authority also issued Registration Certificate under Food Safety and Standard Act, 2006 valid till 29.09.2016. The Petitioner was also issued with Performance Certificate on 29.01.2014 and No Due Certificate mentioning therein that no amount is due from the Petitioner.

2.1 When the matter stood thus, on 22.06.2015, Opposite Party No.2 invited tender for Provision of Catering Services at Minor Unit at Sambalpur Station, over Sambalpur Unit. Thereafter, on 12.11.2015, Opposite Party No.2 issued notice to the Petitioner asking her to keep in readiness to vacate the Stall. In the said notice, it was mentioned that the benefit of renewal/extension provision made in the 2010 Policy is only applicable to the allotment, which has been made under said Policy and not by earlier Policy. Challenging the notice dated 12.11.2015 issued by the Authority, the Petitioner approached this Court by filing W.P.(C) No. 22562 of 2015, which was disposed of, vide order dated 12.01.2016, with a direction that the Petitioner shall be allowed to continue up to 20.01.2016. It was further clarified that it is open for the Petitioner to call in question the tendering process initiated by notice dated 22.06.2015. However, in response to the notice dated 12.11.2015, the Petitioner filed her objection stating inter alia that she may be permitted to continue as before. But without considering the same, Opposite Party No.2, issued another notice on 01.01.2016 stating therein that the said tender has been finalized and the Stall will be awarded to the licencee very soon and directed the Petitioner to vacate the Tea Stall within seven days from the date of receipt of the notice. Hence, this Writ Petition.

3. Mr. R.P. Kar, learned Counsel appearing for the Petitioner, contended that a Shop was allotted in favour of the father of the Petitioner at Platform No.1, Sambalpur Railway Station, Sambalpur, for a period of 5 years and during that period the father of the Petitioner