Gauhati High Court
Page No.# 1/4 vs The Union Of India And 2 Ors on 19 March, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010131252022
2025:GAU-AS:3031
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4423/2022
M/S JAYANTA KUMAR GHOSH OUTDOOR CATERING PRIVATE LIMITED
AND ANR
HAVING ITS REGISTERED OFFICE AT 119/3, M.N.K. ROAD, (GROUND
FLOOR), BARAHNAGAR, KOLKATA- 700036, THROUGH ITS DIRECTOR
JAYANTA KUMAR GHOSH.
2: JAYANTA KUMAR GHOSH
S/O- LATE BALARAM GHOSH
NEAR OLD LOWER HAFLONG RAILWAY STATION
POST OFFICE- LOWER HAFLONG
P.S. HAFLONG
DISTRICT- DIMA HASAO
ASSAM
PIN- 788819
VERSUS
THE UNION OF INDIA AND 2 ORS
THROUGH THE SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAWAN,
RAISINA ROAD, NEW DELHI- 110001.
2:THE GROUP GENERAL MANAGER (PROCUREMENT)
IRCTC
BARAKHAMBA ROAD
NEW DELHI-110001.
3:THE INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD. ( A
GOVT. OF INDIA ENTERPRISE)
THROUGH THE DIRECTOR
IRCTC REGIONAL OFFICE 4-D MANDOVI APARTMENT
OPPOSITE RABINDRA BHAWAN
GNB ROAD
AMBARI
GUWAHATI- 781001
Page No.# 2/4
ASSAM
Advocate for the Petitioner : MS. B CHOWDHURY,
Advocate for the Respondent : ASSTT.S.G.I., MS N K DEVI (R-2,3),MR G N SAHEWALLA (R-
2,3),MR. N ANIX SINGH (R-2,3),MR H GUPTA,SC, I R C T C
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 19-03-2025 Heard Ms. B. Chowdhury, learned counsel for the petitioners; Mr. H. Gupta, learned CGC for the respondent no. 1; and Mr. G.N. Sahewalla, learned Senior Counsel assisted by Mr. A. Anix Singh, learned counsel for the respondent IRCTCL authorities for the respondent nos. 2 & 3.
2. The petitioners have approached this Court by the instant writ petition assailing an Order dated 23.06.2022 issued by the respondent IRCTCL authorities. By the said impugned Order dated 23.06.2022, the petitioner, M/s Jayanta Kumar Ghosh Outdoor Catering Private Limited was put to notice that the Competent Authority in the IRCTCL had decided that the empanelment of the petitioner for on-board catering services in RSD category of trains on Indian Railways has been suspended w.e.f. 23.06.2022 and the petitioners' empanelment has been kept in abeyance till such time the petitioner would become eligible to meet the criteria for empanelment.
3. When the writ petition was moved on 29.06.2022, this Court on appearance of the learned counsel for the parties, while issuing notice to respondents had, as an ad-interim measure, has provided that the operation of Page No.# 3/4 the impugned Order dated 23.06.2022 shall remain suspended till the returnable date.
4. In the course of the present proceedings, the respondent IRCTCL authorities have filed their affidavit-in-opposition.
5. On 26.04.2023, Mr. Sahewalla, learned Senior Counsel appearing for the respondent nos. 2 & 3 had submitted that, in the meantime, M/s Jayanta Kumar Ghosh Outdoor Catering Private Limited has changed its formation and name to M/s Araha Hospitality Private Limited. M/s Araha Hospitality Private Limited has been empanelled for provision of on-board catering services in various types of trains on Indian Railways by an Order of empanelment dated 23.02.2023. With such submissions, Mr. Sahewalla has further submitted that due to such subsequent developments, the subject-matter of the writ petition has become infructuous.
6. As Mr. Sahewalla has explained that since after its change of formation and name from 'M/s Jayanta Kumar Ghosh Outdoor Catering Private Limited' to 'M/s Araha Hospitality Private Limited', M/s Araha Hospitality Private Limited has been empanelled. The Order dated 23.06.2022 has, in essence, been effaced as M/s Araha Hospitality Private Limited has already been empanelled for providing on-board catering services by the Competent Authority in the IRCTCL and the Order dated 23.06.2022 stands merged with the subsequent Order of empanelment.
7. Ms. Chowdhury, learned counsel for the petitioners has also placed as set Page No.# 4/4 of documents. From the Office Letters, dated 13.03.2023 & 23.03.2023, it is noticed that the Competent Authority in the IRCTCL has recorded the change of formation and name of the petitioner from 'M/s Jayanta Kumar Ghosh Outdoor Catering Private Limited' to 'M/s Araha Hospitality Private Limited'. By a Letter dated 20.10.2023, the empanelment of M/s Araha Hospitality Private Limited has been extended till 31.12.2024. From the Letter of Award dated 12.04.2024 and 12.09.2024, it is noticed that the respondent IRCTCL authorities have awarded licenses to M/s Araha Hospitality Private Limited for commissioning operation of base kitchens at notified locations.
8. From the above documents placed before this Court, it is demonstrated that with the subsequent empanelment of M/s Araha Hospitality Private Limited by the respondent IRCTCL authorities, the effect of the Order dated 23.06.2022 has been effaced. The respondent IRCTCL authorities did not further act upon it and accepted the empanelment of M/s Jayanta Kumar Ghosh Outdoor Catering Private Limited after change of its formation and name to M/s Araha Hospitality Private Limited.
9. In the above view of the matter, there is no live issue to be adjudicated in this writ petition, as submitted by Mr. Sahewalla, learned Senior Counsel for the respondent IRCTCL authorities. It is accordingly observed and consequently, the writ petition is closed.
JUDGE Comparing Assistant