Calcutta High Court (Appellete Side)
Hani Khatoon vs The Union Of India & Ors on 13 August, 2025
13-08-2025
Item No.2
IN THE HIGH COURT AT CALCUTTA
Subrata Constitutional Writ Jurisdiction
Bhattacharyya Appellate Side
AR(C)
WPA No.30990 of 2024
Hani Khatoon
-vs-
The Union of India & Ors.
Md. Sarwar Jahan
Ms. Tapati Sarkar
Mr. Kaustav Roy ...for the petitioner
Mr. Mukesh Kumar Gupta
Mr. Biswajit Maity ...for the Union of India
1.Learned counsel for the petitioner submits that the petitioner is agreeable to proceed with the contract for setting up of the railway coach restaurant.
2. It appears that the Senior Divisional Commercial Manager, South-Eastern Railway, Kharagpur by a communication dated May 14, 2025 had already terminated the contract with effect from February 23, 2025 thereby forfeiting the licence fee and the earnest money deposited by the petitioner as per the policy.
3. The writ petition is under consideration by the court since 2024. During pendency of the writ petition, the order of termination has been passed.
4. The petitioner raised certain issues with regard to the position of the railway coach restaurant. As per direction of the court spot inspection was conducted in June and July 2025.
5. Presently, the petitioner submits that she does 2 not have any alternative but to proceed to set up the railway coach restaurant at the place that has been selected by the authority.
6. Learned counsel for the railways submits, upon instructions, that fresh tender is yet to be floated in respect of the railway coach restaurant.
7. Under such circumstances, the court thinks it expedient to set aside the order of termination and forfeiture of the earnest money and the licence fee deposited by the petitioner.
8. The railway administration is directed to communicate the petitioner the formalities to be complied with for proceeding with the contract for setting up railway coach restaurant by August 22, 2025.
9. Relist the matter on August 27, 2025.
10. The formalities shall also be placed before this court on the returnable date.
11. All parties are to act on the server copy of this order duly downloaded from the official website of this court.
12. Certified copy of this order, if applied for, shall be made available to the parties.
[Amrita Sinha, J ] 3