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GAHC010144042021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/195/2021 PADMARAJ R. J.

S/O- LATE V.K. RAGHAVAN, R/O- H/NO. 64, SOLAPARA ROAD, PALTANBAZAR, GUWAHATI- 781008.

VERSUS THE UNION OF INDIA AND 5 ORS.

REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI-110001.

2:THE RAILWAY BOARD UNDER THE MINISTRY OF RAILWAY RAIL BHAWAN NEW DELHI-110001 REP. BY THE DIRECTOR (TOURISM AND CATERING).

3:THE NORTH EAST FRONTIER RAILWAY MALIGAON GUWAHATI REP. BY ITS CHIEF GENERAL MANAGER MALIGAON GUWAHATI.

4:THE PRINCIPAL CHIEF COMMERCIAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI- 781011.

5:THE DIVISONAL COMMERCIAL MANAGER (COMMERCIAL)

N.F. RAILWAY GUWAHATI.

6:THE SENIOR STATION SUPERINTENDENT (GAZETTED)

GUWAHATI RAILWAY STATION GUWAHATI Advocate for the Petitioner : MR. K N CHOUDHURY Advocate for the Respondent : SC, RAILWAY BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

Advocates:
['K N CHOUDHURY', '', 'A N I HUSSAIN', 'A B KAYASTHA', 'R DUBEY', 'SC', 'RAILWAY']

ORDER

13.09.2021 Heard Mr. K. N. Choudhury, learned senior counsel, appearing for the writ appellant. We have also heard Mr. A. Dasgupta, learned Standing counsel, Railway, appearing for the respondents.

This writ appeal has been filed by the writ appellant/writ petitioner against the order dated 06.09.2021 passed by the learned Single Judge in WP(C) 4430/2020 by which, effectively, the interim relief sought by the writ petitioner has not been granted.

The brief facts of the case are that the writ appellant/writ petitionerhas a licence for running a stall/catering service at the Gauhati Railway Station where he sells South Indian food as a vendor. It appears that an agreement was executed between the Railway authorities and the writ appellant/writ petitioner for this purpose which is subsisting until March 2025. Meanwhile, under a new catering policy of the Indian Railways, the petitioner has been given a notice dated 28.07.2020, whereby the Railway authorities have terminated the Commission Vendor Service of the petitioner and tenders have been invited from eligible parties vide NIT dated 09.08.2021 for running catering services at the Gauhati Railway Station. The writ appellant/writ petitioner challenged this action of the Railways before the learned Single Judge. The learned Single Judge issued notice to the Railway authorities,however, since the writ petitioner has not received any interim relief, he has filed this writ appeal before this court.

This seems to be theonly grievance of the writ appellant as of now.

Mr. A. Dasgupta, learned Standing counsel, Railway, has very fairly submitted that the Railway is at a very advance stage of finalizing the tender process and the technical bids of the tenderers have already been examined. He has also stated that the writ appellant is still running the stall/catering service at the Gauhati Railway Station and he will not be disturbed till the bids are finalized by the Railways.

In view of the above statement made by the Mr. A. Dasgupta, learned Standing counsel, Railway, no further interference is required as in the event of the finalization of bids the petitioner will be given a notice.

Considering the urgency of the matter, we also request the learned Single Judge to dispose of the writ petition as early as possible.

JUDGE CHIEF JUSTICE

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