Renewal of vending licences at railway stations must comply with judicial interpretations that restrict holders to one licence, ensuring fair access and adherence to operational policies.

ORDER

Date : 09-08-2018

This case was heard on 20.07.2018 and today is fixed for delivery of order.

2. Heard Mr. G. P. Bhowmik, learned Sr. Counsel; Mr. A. Kalita and Mr. R. K. Bhatra, learned counsel for the petitioners; also heard Mr. D. K. Dey, learned Standing Counsel, Railways.

3. This writ petition was filed in the year 2010 by Sri Janak Shah and his son Sri Kishori Shah. Prayer made in the writ petition was for quashing of letter dated 27.01.2010 issued by Divisional Commercial Manager, NF Railway, Tinsukia Division i.e. respondent No. 5 and for a direction to the said respondent to allow the petitioners to operate the stalls in the Tinsukia Railway station by renewing the license.

4. As per letter dated 27.01.2010, Sri Janak Shah was informed that as per existing policy, his vending license could not be renewed since there was no provision for renewal of vending licence at “A” category station and New Tinsukia station fell under category “A”. They were advised to close down the stalls within 15 days from the date of receipt of the said letter with the liberty to apply for allotment in due course as and when tender notice would be issued. This Court by order dated 05.02.2010 had issued notice and as an interim measure directed maintenance of status quo as on 05.02.2010. The said interim order has continued till date.

5. During the pendency of the writ petition, petitioner No. 1, Sri Janak Shah expired and he has since been substituted by two of his sons, namely, Sri Vijay Narayan Shah and Sri Raj Narayan Shah. Now after substitution, there are three petitioners, i.e., Sri Vijay Narayan Shah, Sri Raj Narayan Shah. Case projected in the writ petition is that in the year 1985 late Janak Shah, the original petitioner No. 1, was permitted by the railway authorities to construct a handloom stall at Tinsukia Railway Station (Old) at his own cost and on such construction, license for vending was issued to Sri Janak Shah on 09.07.1985.

6. In 1998 the handloom stall of Sri Janak Shah was permanently shifted to Tinsukia Goods Station (BG) i.e. the New Tinsukia Station. Sri Janak Shah was permitted to construct the handloom stall as per approved drawing. It is stated that on being allowed by the railway authorities, Sri Janak Shah and his son Sri Kishori Shah had jointly constructed another permanent stall in platform No. 1 of New Tinsukia Railway Station whereafter licence was granted for running one stationery-cum-miscellaneous goods stall. Thus the original petitioners had two vending stalls, one handloom stall and the other stationery-cum-miscellaneous goods stall at New Tinsukia Railway Station.

7. In the meanwhile, the Railways framed policy for issuing license to operate catering and vending service in railway stations providing for enhanced licence fee. Subsequently, the new policy was put in place by the Railway Board vide Commercial Circular No. 96/2007 which covered the two stalls of the petitioners. The new policy provided for allotment of licence to operate the stalls through a tendering system in “A”, “B” and “C” category railway stations. The tenders would be carried out in two bids systems i.e. technical bid as well as financial bid. Existing licencees were also made eligible to participate in the tender.

8. Grievance of the petitioners was that they had applied for renewal of their vending licences but that was not issued though they were allowed to continue their vending business by operating the two stalls. While trying to expedite the process for renewal of licence, petitioners were