IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 15 OF OCTOBER, 2025 WRIT PETITION No. 40020 of 2025 EXPRESS FOOD SERVICES Versus UNION OF INDIA AND OTHERS Appearance:

Shri Akshat Bajpai - Advocate for petitioner.

Shri Suyash Mohan Guru - Deputy Solicitor General along with Shri Shrikrishna Sharma - Advocate for respondents/Union of India.

ORDER The present petition has been filed against the order dated 30.09.2025 (Annexure P/1) passed by the Divisional Railway Manager, West Central Railway, Bhopal whereby application for further extension of the license agreement was rejected and the petitioner was asked to vacate the stall by midnight of 30.09.2025 without granting sufficient time to the petitioner.

2. It is the case of the petitioner that the petitioner is a partnership firm and was granted catering licenses by the Indian Railways as well as the Indian Railway Catering and Tourism Corporation (IRCTC). A contract was awarded to the petitioner for providing catering services at General Minor Unit, Stall No.01, Bina End at Bhopal Railway Station, which was initially granted for a period starting from 01.10.2021; renewed and extended from time to time. The extension period granted to the petitioner is reflected from the chart as under:-

Extension Letter Date Extension Duration Fees to be paid 30.09.2024 01.10.2024 to 31.12.2024 Rs. 3,04,879/- 27.12.2024 01.01.2025 to 31.03.2025 Rs. 2,98,252/- 28.03.2025 01.04.2025 to 30.06.2025 Rs. 3,92,035/ 30.09.2024 01.10.2024 to 31.12.2024 Rs. 3,04,879/- 27.12.2024 01.01.2025 to 31.03.2025 Rs. 2,98,252/- 27.06.2025 01.07.2025 to 30.09.2025 Rs. 3,35,370/-

3. The Catering Policy, 2010 came into force under which all major and minor catering units were transferred to the Zonal Railways, except Food Plaza, Food Courts, and fast; food units. This Policy also contained a clause i.e. Clause 16.1.3 that permitted for renewal of the license for a period of three years. Clause 17 of the Catering Policy deals with renewal which provides that a licensee must apply for renewal minimum six months in advance before the expiry of the contract. Clause 3.2 of the Master License Agreement provides that the license can be renewed for a further period of three years subject to satisfactory performance and payments of all dues and arrears and withdrawal of court cases, if any. The respondent No.2 issued a renewal demand letter dated 11.09.2024 requiring submission of renewal documents for continuation of license rights beyond 30.09.2024. The petitioner complied with the all the requirements and submitted all the documents along with affidavit. Initially, the contract terms was from 01.10.2021 to 30.09.2024. The terms and conditions of contract also provides for a mechanism for levying penalties for deficiency in any parameter for services rendered by a license holder.

4. It is his case that the petitioner was working with utmost devotion and sincerity and has filed an application for renewal of terms of contract clauses, however, the application for renewal was not considered for a period of one year, instead small extensions were granted to the petitioner on quarterly basis. However, instead of deciding the application for renewal of license, the authorities have directed for closing the stall without even giving proper opportunity of hearing to the petitioner or giving breathing time to the petitioner, virtually amounting to ceasing away his right to livelihood. It is argued that right to livelihood is a fundamental rights of the petitioner as granted by the Constitution of India and as has been held by the Hon'ble Supreme Court in catena of judgements. The same cannot be snatched away, in the manner in which, the authorities have done. He has placed reliance upon a judgment passed by the Hon'ble Supreme Court in the case of Mahavir Auto Stores and others vs. Indian Oil Corporation and others, (1990) 3 SCC 752 wherein it was held if the government action even in the