APHC010470612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 24269/2025 Between:

1. M/S KRISHNA FOOD PRODUCT, THROUGH ITS PROPRIETOR, MS NEELAM AGARWAL 15/315A, NOORI GATE AGRA- 282002, UTTAR PRADESH, INDIA ...PETITIONER A N D

1. UNION OF INDIA, THROUGH CHAIRMAN, RAILWAY BOARD, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI, INDIA-110001.

2. GENERAL MANAGER, GUNTAKAL DIVISION, RLY QTS NO. 1038 PRABHAT, NAGAR GUNTAKAL, GUNTAKAL, 515801, ANDHRA PRADESH, INDIA.

3. SENIOR DIVISIONAL COMMERCIAL MANAGER, GUNTAKAL DIVISION, RLY QTS NO. 1038 PRABHAT, NAGAR GUNTAKAL GUNTAKAL, 515801, ANDHRA PRADESH, INDIA.

4. ASSISTANT COMMERCIAL MANAGER, GUNTAKAL DIVISION, RLY QTS NO. 1038 PRABHAT, NAGAR GUNTAKAL GUNTAKAL, 515801, ANDHRA PRADESH, INDIA.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in nature of Writ of Mandamus directing the Respondents herein to set aside the impugned letter dated 16.10.2024 issued by the Respondent, debarring the Petitioner from participating in any future catering tenders of Indian Railways and IRCTC for a period of five years, and be pleased to pass an order restraining the Respondents from taking any coercive steps against the Petitioner and pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim ex parte order staying the letter dated 16.10.2024 issued by the Respondent till the final disposal of the present Petition and pass such Counsel for the Petitioner:

1. VAKATI VENKATA GNANUSHA Counsel for the Respondent(S):

1. Y V ANIL KUMAR The Court made the following:

O R D E R

Heard Sri Akshat Bajpai, learned counsel appearing virtually, on behalf of Ms. Vakati Venkata Gnanusha, learned counsel for the Writ Petitioner and Sri Y.V.Anil Kumar, learned Central Government Counsel for respondent Nos.1 to 4.

2. This Writ Petition was filed seeking the following relief:

“…to issue a Writ or Order or direction more particularly one in the nature of Writ of Mandamus directing the respondents to set-aside the impugned letter dated 16.10.2024 issued by the respondent, debarring the petitioner from participating in any future catering tenders of Indian Railways and IRCTC for a period of Five years and to pass an order restraining the respondents from taking any coercive steps against the petitioner and pass such other order or orders …”

3. Contents of the affidavit filed by the Proprietor of Writ Petitioner, in brief, are that the respondents floated E-Tender Notice No.COML-CATG-GTL-2024-0003, dated 22.01.2024 for Modular Catering Stall under General Minor Unit (Women) at Guntakal Railway Station on Platform No.7 (towards the Gooty end).

(b) The Writ Petitioner participated in the tender process and emerged as a successful bidder and was issued a Letter of Award dated 21.06.2024 for operation, maintenance and provision of catering services through a Catering Stall under GMU (Women) at Guntakal Railway Station, Platform No.7 (towards the Gooty end), for a period of five (05) years from the commencement of operations. In terms of the Award, the Writ Petitioner was required to pay a sum of Rs.9,29,760/- towards Security Deposit and a sum of Rs.21,09,840/- towards License Fee (including GST) within a period of 15 days from the date of the Letter of Acceptance and in the event, the same was not deposited between 16^th and 60^th day of Letter of Acceptance, 18% per interest would be charged and further, delay in payment beyond 60^th day from the Letter of Acceptance, would lead to termination of Letter of Acceptance, forfeiture of Earnest Mon