Patna High Court - Orders
M/S Purv Railway Anpurna Caterer ... vs The Indian Railways on 25 January, 2023
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19730 of 2021
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M/s J.P. Singh and Brothers Refreshment Room Contractor, Buxar, through its
Proprietor Sri Dhruva Narayan Singh, S/o Late Yogendra Prasad Singh, R/o
Basant Bihar Colony, Boring Road, P.S.- S.K. Puri, District- Patna.
... ... Petitioner/s
Versus
1. The Indian Railways through its Secretary, Ministry of Rail, Rail Bhawan,
New Delhi.
2. The Indian Railway Catering and Tourism Corporation Limited (I.R.C.T.C.),
Eastern Zonal Office, 3 Koyalaghat Street, Ground Floor, Kolkatta-1.
3. The Regional Manager, Indian Railway Catering and Tourism Corporation
Limited (I.R.C.T.C), Eastern Zonal Office, 4th Floor, BISCOMAUN
Bhawan, West Gandhi Maidan, Patna.
4. The Chief Commercial Manager/Catering Manager, Danapur.
5. The Sr. Divisional Commercial Manager, Danapur.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 19701 of 2021
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M/s Ajay Shankar and Abhay Shankar Refreshment Room Contractor,
Bakhtiyarpur, through its Partner Sri Ajay Kumar @ Ajay Shankar, a/a 46
years, male, S/o Late Mahadev Prasad, R/o Hakikatpur, Bakhtiyarpur, P.S.-
Bakhtiyarpur, District- Patna
... ... Petitioner/s
Versus
1. The Indian Railways through its Secretary, Ministry of Rail, Rail Bhawan,
New Delhi.
2. The Indian Railway Catering and Tourism Corporation Limited (I.R.C.T.C.),
Eastern Zonal Office, 3- Koyalaghat Street, Ground Floor, Kolkatta- 1
3. The Regional Manager, Indian Railway Catering and Tourism Corporation
Limited (I.R.C.T.C), Eastern Zonal Office, 4th Floor, BISCOMAUN
Bhawan, West Gandhi Maidan, Patna.
4. The Chief Commercial Manager/ Catering, E.C Railway, Hajipur.
5. The Sr. Divisional Commercial Manager, Danapur.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 19773 of 2021
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M/s Purv Railway Anpurna Caterer Venders Canteen Co-operative Society
Limited Refreshment Room Contractor, Mokama, through its member Sri
Patna High Court CWJC No.19730 of 2021(7) dt.25-01-2023
2/5
Abhijeet Kumar, age 32 years , Gender Male, S/o Shailendra Nath Singh, R/o
Ward No. - 3, Dakbangla Road, Near Post Office, Mokama, P.S.- Mokama,
District - Patna.
... ... Petitioner/s
Versus
1. The Indian Railways through its Secretary, Ministry of Rail, Rail Bhawan,
New Delhi.
2. The Indian Railway Catering and Tourism Corporation Limited (I.R.C.T.C),
Eastern Zonal Office, 3- Koyalaghat Street, Ground Floor, Kolkatta - 1.
3. The Regional Manager, Indian Railway Catering and Tourism Corporation
Limited (I.R.C.T.C), Eastern Zonal Office, 4th Floor, BISCOMAUN
Bhawan, West Gandhi Maidan, Patna.
4. The Chief Commercial Manager/Catering, E.C. Railway, Hajipur.
5. The Sr. Divisional Commercial Manager, Danapur.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 21035 of 2021
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M/s Vijay Kumar Verma Refreshment Room Contractor, Narkatiyaganj
(NKE), through its operator Sri Vijay Kumar Verma a/a 49 years male, S/o
Late Gaya Prasad, R/o Ward No. 19, P.S. and P.O.-Hardiya, Distt. West
Champaran, Bihar-845455,
... ... Petitioner/s
Versus
1. The Indian Railways through its Secretary, Ministry of Rail, Rail Bhawan,
New Delhi.
2. The Indian Railway Catering and Tourism Corporation Limited (I.R.C.T.C.),
Eastern Zonal Office, 3-Koyalaghat Street, Ground Floor, Kolkatta-1.
3. The Regional Manager, Indian Railway Catering and Tourism Corporation
Limited (I.R.C.T.C.), Eastern Zonal Office, 4th Floor, BISCOMAUN
Bhawan, West Gandhi Maidan, Patna.
4. The Chief Commercial Manager/Catering, E.C. Railway, Hajipur.
5. The Sr. Divisional Commercial Manager, Danapur.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 19730 of 2021)
For the Petitioner/s : Mr.Prakash Chandra Agrawal, Adv.
For the IRCTC : Mr. R.K. Agarwal, Adv.
For Railways : Mr. Kanak Verma, Adv.
(In Civil Writ Jurisdiction Case No. 19701 of 2021)
For the Petitioner/s : Mr.Prakash Chandra Agrawal
For the IRCTC : Mr. R.K. Agarwal, Adv.
For Railways : Mr. Aamir Hayat, Adv.
Patna High Court CWJC No.19730 of 2021(7) dt.25-01-2023
3/5
Mr. Kanak Verma
(In Civil Writ Jurisdiction Case No. 19773 of 2021)
For the Petitioner/s : Mr.Prakash Chandra Agrawal
For the IRCTC : Mr. R.K. Agarwal, Adv.
For Railways : Mr. Kanak Verma, Adv.
(In Civil Writ Jurisdiction Case No. 21035 of 2021)
For the Petitioner/s : Mr.Prakash Chandra Agrawal
For the IRCTC : Mr. R.K. Agarwal, Adv.
For Railways : Mr. Kanak Verma
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
7 25-01-2023Heard Mr. Prakash Chandra Jaiswal, the learned Advocate for the petitioners/ caterers and Mr. R.K. Agarwal, the learned Advocate for the respondent /IRCTC.
Mr. R.K. Agarwal has informed us that a similar matter is pending before the Hon'ble Supreme Court for consideration.
The petitioners / caterers had come before this Court seeking cancellation of tender notice issued by the IRCTC, inviting tenders for operating refreshment rooms at Buxar, Bakhtiyarpur, Mokama and Narkatiaganj Railway Stations, when the petitioners had already been running such refreshment rooms at those Railway Stations under the license of the IRCTC.
The plea of the petitioners is premised on the Patna High Court CWJC No.19730 of 2021(7) dt.25-01-2023 4/5 judgment of the Hon'ble Supreme Court in Senior Commercial Divisional Manager, South Central Railway and Others v. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association and Another; 2016 (3) SCC 582.
We would have otherwise adjourned the matter till a final decision by the Supreme Court is taken on the issue referred to above but for the assertion of the writ petitioners / caterers that even though they have been retained as licensees for running the refreshment rooms at Buxar, Bakhtiyarpur, Mokama and Narkatiaganj Railway Stations but they are being subjected to unnecessary fetters by the authorities of IRCTC, who are preventing the caterers from running the food stalls with its full force and this enures in favour of none: neither the caterers nor the travelers / beneficiaries of such food stalls at Railway Stations.
Let such specific statement be made by the petitioners on affidavit by the next date so that the same could be redressed.
Patna High Court CWJC No.19730 of 2021(7) dt.25-01-2023 5/5 It is expected that such affidavit shall be filed within a week with a copy in advance to the counsel for the IRCTC, who if deemed necessary, could be responded to, on the next date.
Re-notify this case on 15.02.2023.
Interim order, in the meanwhile, shall continue.
(Ashutosh Kumar, J) ( Satyavrat Verma, J) sunilkumar/-
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