The High Court held that an order inviting tenders for a railway station stall was unsustainable because the petitioner was the rightful licensee and the tender notice was issued due to a communication error.
The writ petition is made absolute in terms of prayers (a) and (b); no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (LDG.) NO.173 OF 2009
Vandana A. Divadkar ....Petitioner
V/s.
Indian Railway Catering & .
Tourism Corporation Ltd. & Anr. ....Respondents
Mr.A.P. Ranade i/b Mr.V.P. Vaze for the Petitioner.
Mr.Aziz Khan with Ms.M.G. Rao i/b Divya Shah
Associates for Respondent Nos.1 and 2.
CORAM : S.J. VAZIFDAR, J.
DATED : 16TH MARCH, 2009.
P.C. :
1. By an order dated 5.2.2009, the parties were
put to notice that the matter may be disposed of
finally at the admission stage.
2. Accordingly Rule. Rule is made returnable
forthwith and heard finally.
3. The Petitioner has challenged an order
inviting tenders in respect of the Petitioner’s stall
at Shivaji Nagar Railway Station. The notice inviting
bids published on 20.12.2008 was stated to be :
"Against vacancy due to death of original licensee".
One of the catering stall/fruit juice centres in
respect whereof the bids were invited was at Shivaji
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Nagar Railway Station. This stall is in fact managed
by the Petitioner as a licensee. The Petitioner was
the licensee in respect of the said stall as well as
the stall at Lonavala Railway Station.
4. It is pertinent to note that no tender has
been issued in respect of the stall at Lonavala
Railway Station. This is obviously because the
Petitioner is alive and running the same. Due to an
obvious communication gap, the Respondents were not
informed specifically regarding the Petitioner’s
rights as a licensee in respect of the stall at
Shivaji Nagar Railway Station.
5. In the circumstances, the notice inviting
tenders in respect of the stall being run by the
Petitioner at Shivaji Nagar Railway Station is not
sustainable.
6. In the circumstances, the Writ Petition is
made absolute in terms of prayers (a) and (b). There
shall be no order as to costs.
1 issue framed by the court
Whether an order inviting tenders for a stall run by the petitioner was sustainable given the petitioner's status as a licensee.
Vandana A. Divadkar
Indian Railway Catering & Tourism Corporation Ltd.
S.J. Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court