Ismail Zabiulla S/O Late Abdul Haleem ... vs The Union Of India on 9 September, 2019

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Karnataka High Court

Ismail Zabiulla S/O Late Abdul Haleem ... vs The Union Of India on 9 September, 2019

Bench: S. Sunil Dutt Yadav

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

     DATED THIS THE 9 T H DAY OF SEPTEMBER, 2019

                         BEFORE

       THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV


            WP NO.105744 OF 2018 (GM-TEN)

BETWEEN:

ISMAIL ZABIULLA
S/O LATE ABDUL HALEEM QURESHI,
AGED ABOUT 38 YEARS,
R/O: 571, 3RD CROSS, GANDHINAGAR,
HARIHAR-577601.
                                              ... PETITIONER
(BY SRI.B.SHARANABASAVA, ADV.)

AND:

1.   THE UNION OF INDIA,
     MINSITRY OF RAILWAYS,
     NEW DELHI-110001.
     REP BY ITS SECRETARY.

2.   THE CHAIRMAN, RAILWAY BOARD,
     MINISTRY OF RAILWAYS,
     NEW DELHI-110001.

3.   INDIAN RAILWAY CATERING TOURISM
     AND CORPORATION LTD., (IRCTC),
     CORPORATE OFFICE AT 11TH & 12TH FLOOR,
     STATEMENT HOUSE, BARAKHAMBA ROAD,
     CONNAUGHT PLACE, NEW DELHI 110001,
     REP. BY ITS MANAGING DIRECTOR/
                                2




     GROUP GENERAL MANAGER/PROCUREMENT.

4.   INDIAN RAILWAY CATERING AND
     TOURISM CORPORATION.
     REGIONAL OFFICE SITUATED AT 2/2,
     DR. RAJKUMAR ROAD, 4TH BLOCK,
     RAJAJIANAGAR, BANGALORE 560010
     REP. BY ITS REGIONAL MANAGER.

5.   THE CHIEF COMMERCIAL MANAGER
     SWR ZONAL OFFICE, RAILWAY HEADQUARTERS,
     2ND FLOOR, GADAG ROAD, HUBLI 580020.

                                               ... RESPONDENTS
(BY SRI.M.B.KANAVI,CGSC FOR R1,R2 & R5;
 SRI.SADIQ N GOODWALE, ADV. FOR R4;
 NOTICE TO R3 ACK NYR)

     THIS PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RELEVANT RECORDS PENDING ON THE FILE
OF   RESPONDENTS      AND   TO      QUASH      THE   IMPUGNED
NOTIFICATION DATED 27.08.2018 FOR PROVISION OF
ON-BOARD       CATERING            LICENSES/SERVICE        IN
MAIL/EXPRESS/SUPERFAST TRAINS AND OTHER TRAINS
ISSUED    BY   THE    IRCTC/       3RD    RESPONDENT     VIDE
ANNEXURE-"C"     BY   TREATING       IT   AS   UNJUST,UNFAIR
AND ULTRAS VIRES.


     THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE FOLLOWING:
                                3




                            ORDER

Learned counsel for the petitioner has filed a memo, which reads as under:

"MEMO FOR WITHDRAWAL ON BEHALF OF THE PETITIONER The petitioner herein respectfully submits

1) It is submitted that the petitioner has filed above Writ Petition against the impugned tender notification wherein the respondent-

railways have deviated from the Railway Code and Cabinet decision Catering Policy while awarding On-board Catering Licenses.

2) However that the Respondent-Railway has assured that upcoming On-board Catering tenders will be intern of the Railway Code and Catering Policy 2017.

3) In view of that it is warranted to withdraw the above case and file afresh with new facts and question of law if needed.

Therefore; it is prayed that in view of aforesaid circumstances, this Hon'ble Court may kindly be 4 allow this memo for withdrawal of the above Writ Petition disposed as withdrawn with liberty to file afresh if needed, in the interest of justice and equity."

In the light of the memo, the petition is dismissed as withdrawn.

SD/-

JUDGE Vnp*

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