THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

The grievance of the petitioner is that the respondents are not accepting the quarterly licensing fee and orally informing that the contract of the petitioner for operating GMU Tea Stall No.248 on Platform No.6 & 7 middle between Pillar 3069 & 3075 at Cherlapalli Railway Station is terminated on the ground that the petitioner commenced tea stall from 28.03.2025 instead of 26.02.2025 as per the contract agreement dated 07.02.2025.

2. The petitioner states that he is a proprietor concern and the respondent No.3, Senior Divisional Commercial Manager, South Central Railway, Secunderabad Division, issued a e-Auction tender on 27.01.2025 for setting up and running a Tea Stall in various Railway Stations. Subsequently, the petitioner participated in the said e-Auction for setting up and operation of Tea Stall in Cherlapalli Railway Station and became successful bidder in respect of Cherlapalli Railway Station and contract was awarded in his favour for operating a Tea Stall GMU-248 on Platform No.6 & 7 middle between Pillar 3069 & 3075. The period of contract is five years starting from 26.02.2025 to 25.02.2030. Accordingly, a contract agreement was executed between the petitioner and the respondent No.3 on 07.02.2025 electronically.

3. It is further submitted that in order to construct a Tea Stall, the petitioner applied for electrical meter and power supply connection on 16.02.2025. As the power supply was not given immediately after the execution of the contract, the petitioner could not raise structure and commence his business from 26.02.2025. However, the power supply was given only on 18.03.2025 and petitioner raised structure and started operating the Tea Stall from 28.03.2025. The petitioner case is that due to non supply of meter and power supply by the respondents, he could not start Tea Stall from 26.02.2025. As the commencement business delayed due to lack of power supply and the same was given after several requests of the petitioner. Tea Stall was actually started on 28.03.2025, thereafter petitioner made a representation to the respondent No.3 requesting to accept the commencement of stall from 28.03.2025. The petitioner also personally approached the respondent No.3 for making payment of licensing fee but respondent No.3 refused to accept the same and orally informed the petitioner that since the petitioner failed to commence Tea Stall from 26.02.2025 his contract is terminated. However, no written order or proceeding is issued in respect of the same. Hence, the present writ petition is filed.

4. The learned counsel for the petitioner submitted that immediately after given the power connection on 18.03.2025, commenced the Tea Stall from 25.03.2025 as such there is no delay on the part of the petitioner. The said communication was addressed by the respondent No.5, Chief Commercial Inspector, Charlapalli SC Division, to the respondent No.3 intimating that “With regard to commencement of GMU 248 catering stall at CHZ on P/t 6&7, it is to state that the stall was commenced on 28-03-2025. It was reported that the current meter was not sanctioned and hence the welding works of stall installation was delayed.” It is further submitted that the petitioner has invested huge amount for installation of Tea Stall and paid security deposit of Rs.50,000/-.

5. On the other hand, the learned Standing Counsel appearing for the respondents submitted that the contract for setting up and operation of Tea Stall GMU-248 on Platform-6&7 Middle at Charlapalli Railway Station was awarded through e-Auction portal on IREPS.gov.in on 26.02.2025 to 25.02.2030 to M/s. Khatu Shyam Enterprises. It is submitted that as per the CCI/CHZ report, the licensee has commenced the contract on 28.03.2025 by paying first quarter license fee from 26.02.2025 to 26.05.2025 through e-Auction portal on IREPS.gov.in and the licensee fee was due to pay second quarter from 26.05.2025 to 26.08.2025. The due date for paymen