ORDER:

The petitioner, who is the authorized licensee of the South Central Railway for running a catering stall bearing G.M.U.No.22 i.e., Fruits & Fruits Juice Stall on platform No.1 of Gudur Railway Station, filed this writ petition to declare the action of the 2nd respondent in issuing letter dated 23.05.2019 directing the petitioner to file an affidavit declaring that he is not having more than one catering unit for the purpose of renewal of his stall, is without jurisdiction, arbitrary and contrary to the terms and conditions of licence deed and consequently to direct the 2nd respondent to renew the licence of the petitioner as per the terms and conditions of his licence deed without reference to the Circular No.22 of

2017 dated 15.03.2017.

2. The case of the petitioner is that he was granted annual licence for running a catering stall bearing G.M.U.No.22 i.e., Fruits & Fruits Juice Stall on platform No.1 of Gudur Railway Station on payment of annual licence fee of Rs.4,05,999/- commencing from 17.06.2014 for a period of five years and the same is expired on 16.06.2019. As per the terms of the agreement, the licence is renewable for a further period of three years on satisfactory performance. As per the terms and conditions, he made application to the 2nd respondent for renewal of his licence on 24.12.2018 for a period of three years commencing from 24.05.2019, but the 2nd respondent has not passed any order on his renewal application. However, the 2nd respondent has addressed a letter dated 23.05.2019 to the petitioner as per Circular No.22 of 2017 dated 15.03.2017 stating that the catering unit licensees are entitled to renewal of their licence under the Catering Policy 2010 subject to the condition that the licensee has to forego all his other units and that the licensee shall submit his affidavit declaring that he is not having more than one catering unit in his name or his benami and directed him to file such affidavit for consideration of his renewal application and further stating that non-submission of his affidavit disentitles him for renewal of his license. Being aggrieved by the same, the present writ petition came to be filed.

3. Sri C.Ramachandra Raju, learned counsel appearing for the petitioner, mainly contended that the petitioner is not seeking renewal of his licence as per the Catering Policy 2010. The Circular No.22 of 2017 dated 15.03.2017 is applicable only to the licensees who granted licence as per the Catering Policy 2010 or seeking renewal of his license as per the Catering Policy 2010. After completion of the licence period and for the renewal of licence for further period of three years as per the agreement, the terms and conditions of the agreement alone are applicable. His main contention is that the Circular dated 15.03.2017 was issued as per the judgment dated 29.01.2016 of the Hon’ble Supreme Court in Civil Appeal Nos.618-620/2016 (arising out of SLP (C) Nos.9921-9923/2014) in the case of Senior Divisional Commercial Manager & others Vs. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association and another. That judgment is the outcome of the orders of the erstwhile High Court of Andhra Pradesh at Hyderabad passed in Writ Appeal Nos.1573-1575 of 2013 which were filed against the judgment of the learned Single Judge passed in Writ Petition Nos.14577, 14888 & 15072 of 2013 dated 16.08.2013. The Hon’ble Supreme Court, while upholding the judgment in Writ Appeal Nos.1573-1575 of 2013, observed that only those licensees could be eligible for renewal of their licences who had declared on affidavit that they did not have the licence for more than one shop or kiosk in their name or benami licence at the railway stations with periodical reasonable increase of licence fee. He would further contend that the action of the 2nd respondent in imposing the condition that the petitioner should file an affidavit for foregoing the renewal of his other license, suffers from non-application of mind and u