Punjab-Haryana High Court
K.K. Kapoor And Sanjeev Kapoor vs Union Of India And Ors on 15 July, 2021
Author: Lisa Gill
Bench: Lisa Gill
201-7492
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM No.7492-CWP of 2021 in/and
CWP No.7480 of 2021
Date of Decision:15.07.2021
K.K. Kapoor and Sanjeev Kapoor
...Petitioner
Versus
Union of India and others
....Respondents
CORAM: HON'BLE MRS. JUSTICE LISA GILL
Present: - Mr.Narender Pal Bhardwaj, Advocate,
for the petitioner.
Mr.G.S. Bal, Sr. Advocate, with
Ms. Mandeep Kaur Madahar, Advocate,
for respondents No.5 & 6.
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest? LISA GILL. J.
This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19. CM No.7492-CWP of 2021 Parties are ad idem that hearing of the writ petition itself can be preponed for today as the matter can be decided especially in view of the short written statement dated 19.5.2021 filed on behalf of respondents No.5 to 6.
1 of 3 ::: Downloaded on - 17-07-2021 01:51:27 ::: CM No.7492-CWP of 2021 in/and -2- CWP No.7480 of 2021 At request of learned counsel for the parties, hearing of the writ petition is preponed from 17.9.2021 for today itself.
Application is disposed of accordingly.
CWP No.7480 of 2021 Prayer in this writ petition is for a direction to respondents 'to extend/renew the tenure/period/validity of catering agreement/license of petitioner beyond 31.03.2021 (Annexure P-3) for the 'Snack Bar' operating & functional at Platform No.1 (PF No.1) at Chandigarh Railway Station till fresh allotment by fresh invitation or till finalization of tenders by the respondents under the Catering Policy 2010, 2017 or in view of the law laid down by Apex Court in case reported as 2016 AIIR (SC) 668 (Annexure P-8)'.
As per short written statement filed on behalf of respondents No.5 & 6, it is stated that existing contract of the petitioner shall be permitted to continue till fresh allotment and he shall not be dispossessed till the tender process for fresh allotment is finalized. Mr. G.S. Bal, Sr. Advocate, reiterates that petitioners shall be permitted to continue operating the 'Snack Bar' till fresh allotment and that this writ petition is rendered infructuous.
In view of the abovesaid stand of respondents No.5 & 6, no further orders are called for at this stage.
Needless to say the petitioner would be permitted to operate the 'Snack Bar' in question till fresh allotment by respondents No.5 & 6 and this order is without prejudice to the rights of the petitioner to participate in the process of fresh allotment as well as seeking renewal of his licence in terms of the judgment of Hon'ble Supreme Court in "Senior Divisional Commercial 2 of 3 ::: Downloaded on - 17-07-2021 01:51:27 ::: CM No.7492-CWP of 2021 in/and -3- CWP No.7480 of 2021 Manager and others Vs. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association and another" 2016 AIR (SC) 668.
Writ petition is disposed of accordingly.
(LISA GILL)
15.07.2021 JUDGE
Vivek
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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