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Heard 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.

A review petition thereafter was filed by the Patna High Court CWJC No.19730 of 2021(5) dt.07-12-2022 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 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.

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 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.