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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Shaik Khadar Basha – Appellant
Versus
Union Of India, Rep. BY THE Chief Executive Officer-Cum-Chairman – Respondent
| Table of Content |
|---|
| 1. overview of petitioner’s licensing history. (Para 1) |
| 2. arguments presented by the respondent. (Para 3) |
| 3. court's reasoning on renewal rights. (Para 4 , 5 , 6 , 7) |
| 4. final decision on the writ petition. (Para 8 , 9 , 10) |
ORDER :
NAGESH BHEEMAPAKA, J.
1. Petitioner states that he has been earning his livelihood solely through railway catering licences. He previously held platform stalls at various railway stations and was awarded a Special Minor Unit Tea Stall No. SMU/018 on Platforms 4 and 5 at Kacheguda Railway Station with effect from 10.09.2016. He was also awarded a General Minor Unit licence at Guntakal Railway Station with effect from 19.07.2018. It is stated, notifications issued under Catering Policy, 2010 were challenged by the SCR Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association and others in Writ Petition Nos. 14577, 14888 and 15072 of 2013. By order dated 16.08.2013, this Court held that existing licensees were entitled to consideration for renewal subject to policy conditions, which order was confirmed by the Division Bench on 12.09.2013 in Writ Appeal Nos. 1573, 1574 and 1575 of 2013.
1.1. The Hon’ble Supreme Court in Civil Appeal Nos. 618–6
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.
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....
License renewal subject to satisfactory performance; penalties on licensee justified rejection of renewal application.
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.
Renewal of catering unit licenses is not automatic and is subject to fulfilling specified conditions as per the Catering Policy, 2010.
Point of Law : If there was variation in catering charges, revision of license fee was required to be on sales assessment basis and not pro-rata basis.
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