Patna High Court - Orders
M/S Purv Railway Anpurna Caterer ... vs The Indian Railways on 7 December, 2022
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Nawneet Kumar Pandey
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
... ... Petitioner/s
Versus
The Indian Railways & Ors.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 19701 of 2021
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M/s Ajay Shankar and Abhay Shankar
... ... Petitioner/s
Versus
The Indian Railways & Ors.
... ... 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
... ... Petitioner/s
Versus
The Indian Railways & Ors.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 21035 of 2021
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M/s Vijay Kumar Verma
... ... Petitioner/s
Versus
The Indian Railways & Ors.
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 19730 of 2021)
For the Petitioner/s : Mr.Prakash Chandra Agrawal, Adv.
For the Respondent/s : Mr. Ramesh Kumar Agarwal, Adv.
Ms. Kanak Verma
(In Civil Writ Jurisdiction Case No. 19701 of 2021)
For the Petitioner/s : Mr.Prakash Chandra Agrawal, Adv.
For the Respondent/s : Mr.Ramadhar Shekhar (Addl. S.C. Railway)
(In Civil Writ Jurisdiction Case No. 19773 of 2021)
For the Petitioner/s : Mr.Prakash Chandra Agrawal, Adv.
For the Respondent/s : Mr.Ramadhar Shekhar (Addl. S.C. Railway)
(In Civil Writ Jurisdiction Case No. 21035 of 2021)
For the Petitioner/s : Mr.Prakash Chandra Agrawal, Adv.
For the Respondent/s : Mr. Ramesh Kumar Agarwal, Adv.
Patna High Court CWJC No.19730 of 2021(5) dt.07-12-2022
2/6
Mr. Awadhesh Kr. Pandey, (Sr. Panel Counsel)
Mr. R.K. Sharma, CGC
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
5 07-12-2022Heard Mr. Prakash Chandra Agrawal, for the petitioners, Mr. Ramesh Kumar Agarwal, for the IRCTC and Ms. Kanak Verma for the Railways.
The petitioner has challenged the tender notice issued by the IRCTC, inviting tender for operating refreshment room at Buxar railway station. Simultaneously a prayer has been made by the petitioner to direct the respondent authorities to renew the catering license of the petitioner for running the refreshment room at Buxar railway station in the light of the judgment of the Hon'ble Apex Court in Senior Divisional Commercial, Manager, South Central Railways and Others Vs. S.C.R. Caterers, Dry Fruit Juice, Stalls Welfare Association and Another; (2016) 3 SCC 582.
It is the contention of the petitioner that for the Patna High Court CWJC No.19730 of 2021(5) dt.07-12-2022 3/6 last sixty years, the petitioner had been running the refreshment center at Buxar railway station and, in view of the judgment referred to above, the respondent authority was obligated to renew the license of the petitioner, provided the petitioner swore an affidavit that he does not have any other license or any benami license and would be agreeable for an enhanced fee.
The matter appears to have been contested on the ground that the judgment in Senior Divisional Commercial, Manager, South Central Railways (supra) was only applicable to minor units and not major units.
Similar decision was given by Honb'le Apex Court in M/s Sheikh Nanhey & Sons & Ors. Vs. Union of India and Ors. (Civil Appeal No. 3195 of 2016 connected with Civil Appeal No. 3196 of 2016, W.P. No. 848 of 2014, W.P. No. 207 of 2015 and W.P. No. 177 of 2015) where, relying upon the decision of Senior Divisional Commercial, Manager, South Central Railways (supra), the appeals of the petitioners were allowed.
A review petition thereafter was filed by the Patna High Court CWJC No.19730 of 2021(5) dt.07-12-2022 4/6 Union of India, through the Secretary of the Ministry of Railways, seeking review of the aforenoted order passed in the case of M/s Sheikh Nanhey & Sons & Ors. (supra) on the ground that the judgment in South Central (supra), which was relied upon, was limited to minor units and not major units.
However, the review petition was dismissed. Mr. Agarwal, learned counsel for the petitioners therefore submits that the distinction between the minor and major units as attempted to be carved out by the IRCTC has not found favour with the Apex Court and, therefore, the judgment in Senior Divisional Commercial, Manager, South Central Railways (supra) applies squarely to the case of the petitioner and the tender notice therefore is in teeth of Supreme Court decision.
As opposed to the aforenoted contentions, Mr. Ramesh Kumar Agarwal, the learned counsel for the IRCTC, has submitted that in accordance with the Catering Policy of 2017, which has not been struck down, major units at the Railway Station or at other places could be Patna High Court CWJC No.19730 of 2021(5) dt.07-12-2022 5/6 given to a licensee only for a period of five years with no renewal clause. He further submits that in a similar issue, a Single Judge of this Court in Vaishali Enterprises & Ors. Vs. the Indian Railway & Ors.; 2019 (2) PLJR 586 has categorically held that the judgment in South Central (supra) is limited to minor units and not major units.
However, Mr. Ramesh Kumar Agarwal has submitted that the aforenoted judgment of the learned Single Judge has been set aside by a Division Bench of this Court in LPA No. 364 of 2019.
The Division Bench, in that instance, found that the definition of major and minor units in the Catering Policy of 2010 does not create any distinction qua the benefits be continuance to the major units which is governed by the judgment of the Apex Court in the case of Senior Divisional Commercial, Manager, South Central Railways (supra).
The review petition preferred by IRCTC in M/s Sheikh Nanhey & Sons & Ors. (supra) has been noticed in the Division Bench order.
Patna High Court CWJC No.19730 of 2021(5) dt.07-12-2022 6/6 Mr. Ramesh Kumar Agarwal however contends that another set of petitions with the same issues are pending consideration before the Hon'ble Supreme Court which are likely to be decided within the next four weeks.
Under such circumstances, he prays that the matter be posted after four weeks so that he has the advantage of definitive judgment on this issue by the Supreme Court.
Re-notify on 11.01.2023.
In the meanwhile, the interim order dated 01.09.2022 shall continue.
(Ashutosh Kumar, J) ( Nawneet Kumar Pandey, J) rishi/-
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