Delhi High Court – Orders
Sadeek Ali vs Union Of India & Ors on 7 March, 2025
Author: Jyoti Singh
Bench: Jyoti Singh
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2953/2025
SADEEK ALI .....Petitioner
Through: Mr. Tamim Qadri, Advocate.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Niraj Kumar, Senior Central
Government Counsel, Mr. Abhishek Yadav, SPC
with Mr. Ashish Rawat, GP for UoI.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 07.03.2025
CM APPL. 14003/2025
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 2953/2025 and CM APPL. 14002/2025
3. This writ petition is preferred on behalf of the Petitioner under Article
226 of the Constitution of India seeking the following reliefs:
“A. Issuance Of The Writ Of Certiorari and/or any other appropriate Writ,
Order Or Direction quashing Clause 11 of The Commercial Circular No.
20/2017 issued on 27.02.20217 being violative of the provisions of Article
14, 19 1(G), 21, 38, 39 and 41 of the Constitution Of India and the law
laid down by The Hon’ble Apex Court in South Central Railways V. S.C.R.
Caterers, Dry Fruits, Fruit Juice Stalls Welfare Assn., reported in 2016
[3] SCC 582 and W.P. [C] No.373 of 2017 AND/OR;
B. Issuance of Mandamus commanding the respondents to follow the
Indian Railway Code for Traffic (Commercial) Department issued on
25.08.2023 under Chapter VII Clause 712 and renew the Unit of the
petitioner in light of Chapter VII Clause 712 AND/OR;
W.P.(C) 2953/2025 Page 1 of 5
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C. Issue Mandamus commanding the respondents to allow the petitioner to
conduct its business as per law without any illegal fatter and restraining
the respondents from interfering with the business of the petitioner.
Further issuance of the writ of certiorari and/or any other appropriate
writ, order or direction to the respondents to extend the benefit of
extension of license period to the petitioner in proportionate to the reduce
license fee during the COVID19 pandemic period and/or
D. To issue the Writ of Mandamus or any other appropriate Writ, order or
direction to the Respondents to renew the license of the Petitioner for SMU
Catering Stall No. 22, East Side of East FOB between PF Shed Column
No. 11/12 at PF no. 4/5 at Patna Junction Railway Station in terms of
Judgment passed by Hon’ble Supreme Court of India in Civil Appeal no.
618-620 of 2016 dated 29.01.2016 titled as “Senior Divisional
Commercial Manager & Ors Versus S.C.R. Caterers, Dry Fruits, Fruit
Juice Stalls Welfare Association & Anr” on the principal of opportunity to
all individual to live a life of dignity AND/OR;
E. To issue the Writ of Mandamus or any other appropriate Writ, order or
direction to the Respondents to renew the license of the Petitioner for SMU
Catering Stall No. 22, East Side of East FOB between PF Shed Column
No. 11/12 at PF no. 4/5 at Patna Junction Railway Station in terms of
order passed by this Hon’ble Court in W.P (C) no. 12398 of 2024, W.P (C)
no. 203 of 2025, W.P (C) no. 225 of 2025.”
4. Case of Petitioner is that he was awarded license for Special Minor
Unit (‘SMU’) Catering Stall No. 22, East side of East FoB between PF Shed
Column No. 11/12 at Platform No. 4/5, Patna Junction Railway Junction
vide license agreement dated 25.09.2019 for a period of five years at the
stipulated license fee. Petitioner avers that on account of Pandemic
COVID-19, he was not able operate his SMU and therefore, in light of a
policy decision taken by the Respondents to give extension, treating the
pandemic period as dies non, benefit of extension was granted to the
Petitioner upto 17.04.2025. This petition is preferred for extension of licence
period for a period of seven months from 18.04.2025.
5. Learned counsel for the Petitioner, at the outset, submits that
Petitioner does not press his challenge to Clause 11 of Commercial Circular
W.P.(C) 2953/2025 Page 2 of 5
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No. 2017 dated 27.02.2017 impugned herein and would be satisfied if he is
given extension of 07 months as given to similarly placed Petitioners in
Manohar Bachani v. Union of India & Ors, W.P.(C) No. 12398/2024,
decided on 11.09.2024; Sree Venkateswara Enterprises v. Union of India
& Ors., W.P. (C) No. 225/2025, decided on 10.01.2025 and Arvind Kumar
v. Union of India & Ors., W.P. (C) No 720/2025, decided on 20.01.2025.
6. Issue notice.
7. Mr. Niraj Kumar, learned Senior Panel Counsel accepts notice on
behalf of the Respondents and does not dispute that Petitioner is similarly
placed as the writ Petitioners in Arvind Kumar (supra), Sree Venkateswara
Enterprises (supra) and Manohar Bachani (supra), however, takes an
objection to the territorial jurisdiction of this Court to entertain the present
writ petition.
8. Responding to the preliminary objection, counsel for the Petitioner
submits that in W.P.(C) 11914/2024 titled M/s Shashikala Gupta v. Union
of India & Ors., decided on 07.10.2024, objection raised by Railways to the
territorial jurisdiction of this Court was rejected.
9. I find merit in the contention of the Petitioner that in a batch of
petitions as aforementioned, Co-ordinate Bench of this Court has rejected
the preliminary objection of the Railways pertaining to territorial jurisdiction
and relevant passages are as follows: –
“8. Learned counsel for the respondents, at the very submit, that this
Court lacks territorial jurisdiction to decide these petitions, or
alternatively, that the petitions ought not to be entertained in this Court in
consonance with the principle of forum non conveniens as laid down by
the Supreme Court in Kusum Ingots & Alloys Ltd. v. Union of India
[(2004) 6 SCC 254].
9. The issue of jurisdiction has been considered by the coordinate Bench
in the judgments dated 29.05.2024 and 30.05.2024, and decided in favourW.P.(C) 2953/2025 Page 3 of 5
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of the writ petitioners, on the ground that the Northern Railways was
headquartered in Delhi was the respondent in some of the petitions and
that common issues arise for consideration in all the petitions. In view of
the fact that similar petitions, also concerning catering licenses and MPS
stalls at stations outside Delhi have been entertained by this Court, I do
not consider it appropriate to dismiss these petitions on this ground.”
10. This Court sees no reason to take a different view and accordingly,
this writ petition is entertained. Indisputably, Petitioner was awarded a
catering stall license for operating SMU Catering Stall No. 22, East side of
East FoB between PF Shed Column No. 11/12 at Platform No. 4/5, Patna
Junction Railway Junction for a period of five years. However, this period
was extended upto 17.04.2025 on account of COVID-19. Petitioner seeks
extension of 07 months as was granted by this Court in Arvind Kumar
(supra), Sree Venkateswara Enterprises (supra) and Manohar Bachani
(supra). There is no dispute between the parties that present Petitioner is
similarly placed as the Petitioners in Arvind Kumar (supra), Sree
Venkateswara Enterprises (supra) and Manohar Bachani (supra), wherein
Courts in similar circumstances allowed the Petitioners to operate the
Catering Stalls for a further period of 07 months from the date of expiry of
the extended license period. The Madhya Pradesh High Court in M/s
Mahakal Caters Vijay Jain v. Union of India and Others, W.P.
No.29831/2024, decided on 01.10.2024, has granted similar extension of 07
months to the Petitioner therein. I am of the view that Petitioner cannot be
discriminated and is entitled to the same relief.
11. Accordingly, this writ petition is disposed of with a direction that
subject to payment of license fee, Petitioner will be allowed to operate the
Catering Stall No. 22, East side of East FoB between PF Shed Column No.
11/12 at Platform No. 4/5, Patna Junction Railway Junction for a further
W.P.(C) 2953/2025 Page 4 of 5
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period of 07 months from 18.04.2025 at the stipulated license fee. This
would be further subject to an undertaking by the Petitioner on an affidavit
before this Court that he will vacate the stall in question on expiry of the
extended period of 07 months, failing which Respondents will be at liberty
to remove his goods from the stall. The affidavit shall be filed within three
weeks from today.
12. Pending application stands disposed of.
JYOTI SINGH, J
MARCH 7, 2025
S.Sharma
W.P.(C) 2953/2025 Page 5 of 5
This is a digitally signed order.
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