Single Judge ordered three-month extension for railway stall operators to vacate premises pending final consideration, granting parity with earlier related orders.
Petitioners permitted to continue operating stalls for three months from expiry of die non period; directed to file undertakings to vacate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~50 to 53, 59, 60, 62 to 66, 68 to 72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11914/2024, CM APPL. 49539/2024 & CM APPL. 57171/2024, 59123-24/2024 M/S SHASHIKALA GUPTA .....Petitioner versus UNION OF INDIA & ORS. .....Respondents 51 + W.P.(C) 11946/2024 & CM APPL. 49700/2024 ANJU SURANA .....Petitioner versus UNION OF INDIA & ANR. .....Respondents 52 + W.P.(C) 11964/2024 & CM APPL. 49778/2024 M/S SHARDA AND SONS BAKING HOUSE PVT. LTD .....Petitioner versus UNION OF INDIA & ANR. .....Respondents 53 + W.P.(C) 11967/2024 & CM APPL. 49786/2024 M/S SHARDA FOOD AND BEVERAGE PVT LTD .....Petitioner versus UNION OF INDIA & ORS. .....Respondents 59 + W.P.(C) 12342/2024 & CM APPL. 51344/2024 M/S N.C .JAIN AND SONS .....Petitioner versus UNION OF INDIA & ORS. .....Respondents W.P.(C) 11914/2024 & Connected Matters Page 1 of 11
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| 60 + |
W.P.(C) 12352/2024 & CM APPL. 51422/2024 | |
|---|---|---|
| RANDHIR SINGH | .....Petitioner | |
| versus | ||
| UNION OF INDIA & ORS. | .....Respondents | |
| 62 | ||
| + | W.P.(C) 12430/2024 & CM APPL. 51705/2024 M/S POORVANCHAL CATERERS |
.....Petitioner |
| versus | ||
| UNION OF INDIA & ANR. | .....Respondents | |
| 63 | ||
| + | W.P.(C) 12467/2024 & CM APPL. 51890/2024 M/S A.S. MANOJ AND CO. & ORS. versus UNION OF INDIA THROUGH SECRETARY MINISTRY OF RAILWAYS & ORS. |
.....Petitioners .....Respondents |
| 64 | ||
| + | **W.P.(C) 12569/2024, CM APPL. 52243/2024 ** | & CM APPL. |
| 52245/2024 | ||
| KAMLA BAI GUPTA THROUGH HER SPA MR. VIVEK CHOUDHARY versus |
.....Petitioner | |
| UNION OF INDIA & ORS. | .....Respondents | |
| 65 + |
W.P.(C) 12619/2024 & CM APPL. 52432/2024 | |
| SEEMA PANDEY | .....Petitioner | |
| versus | ||
| UNION OF INDIA & ORS. | .....Respondents | |
| W.P.(C | ) 11914/2024 & Connected Matters | Page2of11 |
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66
+ W.P.(C) 12653/2024 & CM APPL. 52614/2024
M/S SHIV AND SONS .....Petitioner
versus
UNION OF INDIA & ORS. .....Respondents
68
+ W.P.(C) 13148/2024 & CM APPL. 54943/2024
M/S GOEL AND GOEL .....Petitioner
versus
UNION OF INDIA & ORS. .....Respondents
69
+ W.P.(C) 13151/2024 & CM APPL. 54955/2024
NOOR JAHAN .....Petitioner
versus
UNION OF INDIA & ORS. .....Respondents
70
+ W.P.(C) 13189/2024 & CM APPL. 55079/2024
M/S HOTEL DHARAMRAJ .....Petitioner
versus
UNION OF INDIA & ORS. .....Respondents
71
+ W.P.(C) 13318/2024 & CM APPL. 55665/2024
SMT. ASHA SHUKLA .....Petitioner
versus
UNION OF INDIA & ORS. .....Respondents
W.P.(C) 11914/2024 & Connected Matters Page 3 of 11
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72
versus
UNION OF INDIA & ORS.
.....Respondents
Appearance:-
For Petitioners
Mr. Akshat Bajpai, Ms. Ishanee Sharma, Mr. Shobhit Trehan, Ms.Renuka Parmanand & Ms. Vedika Dalmia, Advocates for Petitioners in Item Nos. 50 to 53, 62, 65, 66, 68 & 70.
Mr. Jitender Mehta, Mr. Lalit Kumar & Mr. Shivam Pahal, Advocates for Petitioners in Item Nos. 59, 60, 64, 69 & 71.
Mr. Anubhav Bhasin, Mr. Tamim Qadri & Mr. Mohd. Shakib, Advocates for Petitioners in Item No. 72.
Dr. Vijay Kr. Shukla, Ms. Nupur Shukla, Mr. Anirudh Gulati, Advocates in Item No. 63.
For Respondents
Ms. Anushkaa Arora, Senior Panel Counsel for UOI with Mr. Kanan Malhotra, GP for UOI in Item No. 50. [M:-9810570295].
Mr. Ashok Kashyap, SPC with Mr. Kabir Hazarika, GP, Mr. Abhay Singh & Mr. Anshul Bhadouriya, Advocates for UOI in Item No. 51. Mr. Nune Balraj, SPC with Ms. Meghna Rao & Mr. Harshit Goel, Advocates for UOI in Item No. 52.
Mr. Himanshu Pathak, SPC with Mr. Amit Singh, Advocate & Mr. Rishabh Dubey, GP for UOI in Item No. 59.
Mr. Akshay Amritanshu, SPC with Mr. Samyak Jain & Ms. Drishti Saraf, Advocates for UOI in Item No. 60.
Mr. Viplav Acharya, SPC with Mr. Chetan Jadon, GP & Mr. Hardik Saxena, Advocate for UOI in Item No. 62.
Mr. Manish Kumar, SPC with Mr. Gokul Sharma, GP for UOI in Item No. 63.
Mr. Vineet Dhanda, CGSC for UOI in Item No. 64.
Ms. Neha Rastogi, SPC with Mr. Animesh Rastogi & Mr. Vibhav Singh, Advocates for R-1 to 3 in Item Nos. 65 & 68.
Mr. Ashish Dixit, CGSC with Mr. Shivam Tiwari, Advocates for UOI in
W.P.(C) 11914/2024 & Connected Matters
Page 4 of 11
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Item No. 72
Mr. Shagun S. Chugh, SPC for UOI in Item No. 72. Adv. Archana Gaur, Senior Panel Counsel, Adv. Ridhima Gaur and Ring Baliyan for UoI in Item No. 53.
Ms. Mahamaya Chatterjee, Govt. Pleader for UoI in Item No. 60. Mr. Ravi Prakash, CGSC for UoI in item No. 69. Mr. Vikrant N Goyal, Mr. Aditya Shukla, Advocates for UoI in item No. 66.
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN
%
O R D E R 07.10.2024
W.P.(C) 11914/2024 & Connected Matters
Page 5 of 11
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and connected matters [ Urmila Devi & Ors. v. Union of India & Ors. ] respectively. The writ petitioners therein sought the benefit of the judgment of the Supreme Court in Senior Divisional Commercial Manager, South Central Railways and Ors. v. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association [(2016) 3 SCC 580]. The learned Single Judge, in both cases, found the petitions unmerited, but directed as follows:
“ 30. In the circumstances, this Court finds no merit in the present petitions and the same are accordingly dismissed. However, since the petitioners have been operating these minor catering units for a significant period of time, to enable the petitioners to make a transition and make alternative vending arrangement/s, this Court considers it apposite to grant a period of 3 months to the petitioners (from the date of the extended license period after taking into account the dies non period; OR from the date of this judgment, whichever is later) to vacate the catering units in question. The same shall be subject to payment of usual license fee. It is directed accordingly.”
2. We are not inclined to interfere with the impugned judgment and order passed by the High Court. We however extend the time granted by the learned Single Judge of the High Court in its order dated 29.05.2024 by four months from today. All the allottees shall vacate and handover the vacant possession of the stalls in question before the expiry of four months subject to filing of the usual undertaking before the Registry of this Court within four weeks from
W.P.(C) 11914/2024 & Connected Matters
Page 6 of 11
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today.
3. Accordingly, the Special Leave petition is disposed of. 4. Pending application(s), if any, shall stand disposed of”
2. After some arguments, learned counsel for the appellant seeks parity with petitioners in W.P.(C) 6771/2024 titled as Ved Prakash Mishra vs. Union of India & Ors., wherein the writ petition was dismissed but three months’ extension was granted to the petitioners for vacating their stalls.
3. Though learned counsel for the respondents, who appears on advance notice, opposes the grant of extension on the ground that the appellant- petitioner had approached this Court at the eleventh hour
W.P.(C) 11914/2024 & Connected Matters
Page 7 of 11
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and that too, after taking the benefit of seventy days for dies-non period, yet this Court is of the view that as similarly placed minor catering units have been granted extension of time of three months to vacate, the appellant-petitioner is also entitled to the same.
4. Accordingly, the present appeal along with the applications is disposed of giving three month’s time to the appellant-petitioner from 19th July, 2024 to vacate her catering stall in question. In the event, the said catering stall is not removed on the expiry of extended ninety days, the respondents shall be at liberty to forthwith remove the goods of the appellant/petitioner, without filing any petition.”
relevant dates are as follows:
| Writ | Location of unit | Original date of extension |
|---|---|---|
| petition | period (including dies non | |
| No. | period) | |
| W.P.(C) 11914/2024 |
Four catering stalls at Sealdah Station. | 28.03.2025 30.08.2024 27.08.2024 19.03.2025 |
W.P.(C) 11914/2024 & Connected Matters
Page 8 of 11
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| W.P.(C) 11946/2024 |
One catering stall at Sealdah Station. | 18.01.2025 |
|---|---|---|
| W.P.(C) 11964/2024 |
Four catering stalls at Howrah Station. | 30.08.2024 01.09.2024 24.10.2024 31.10.2024 |
| W.P.(C) 11967/2024 |
Three catering stalls at Howrah Station and two catering stalls at Sealdah Station. |
16.09.2024 04.09.2024 02.09.2024 05.05.2025 05.12.2024 |
| W.P.(C) 12430/2024 |
Two catering stalls at Howrah Station. | 04.09.2024 11.09.2024 |
| W.P.(C) 12619/2024 |
One catering Stall at Gangapur City RailwayStation. |
16.01.2024 |
| W.P.(C) 12653/2024 |
One catering stall at Howrah Station. | 09.09.2024 |
| W.P.(C) 13148/2024 |
One catering stall at Varanasi Station. | 05.10.2024 |
| W.P.(C) 13189/2024 |
One catering stall at Varanasi Station. | 22.11.2024 |
| W.P.(C) 12342/2024 |
Three MPS at Delhi Cantt. Railway Station, Hazarat Nizamuddin and Delhi Sarai Rohilla RailwayStation. |
07.09.2024 07.09.2024 07.09.2024 |
| W.P.(C) 12352/2024 |
One MPS at Sonipat Railway Station. | 07.09.2024 |
| W.P.(C) 12569/2024 |
One catering stall at Agra Cantt. RailwayStation. |
20.09.2024 |
| W.P(C) 13151/2024 |
One catering stall at Satna Railway Station. |
15.09.2024 |
| W.P.(C) 13318/2024 |
One catering stall at Anand Vihar Railway Station. |
09.10.2024 |
| W.P.(C) | Three MPS at Tilak Bridge Station, | 24.03.2025 |
| 12467/2024 | Gurugram Station and Chandigarh Station. |
07.10.2024 26.10.2024 |
| W.P.(C) 13330/2024 |
One catering stall at Indore Railway Station. |
27.09.2024 |
W.P.(C) 11914/2024 & Connected Matters
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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].
Page 10 of 11
W.P.(C) 11914/2024 & Connected Matters
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yet lapsed, the petitioners would be permitted to operate the stalls for the balance of the three-month period.
PRATEEK JALAN, J
OCTOBER 7, 2024 ‘pv’/
W.P.(C) 11914/2024 & Connected Matters
Page 11 of 11
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1 issue framed by the court
Whether this Court has territorial jurisdiction to decide these petitions concerning catering stalls at railway stations outside Delhi.
Colour shows how this judgement treated each authority
Ms. Kaushalya Meena v. Union of India & Ors.Referred¶37
LPA 746/2024 [Ms. Kaushalya Meena v. Union of India & Ors.]
Smt. Asha Shukla v. Union of India & Ors.Referred¶37
LPA 767/2024 [Smt. Asha Shukla v. Union of India & Ors.]
Ved Prakash Mishra v. Union of India & Ors. and connected mattersReferred¶38
W.P.(C) 6771/2024 [Ved Prakash Mishra v. Union of India & Ors. and connected matters]
Urmila Devi & Ors. v. Union of India & Ors.Referred¶38
WP (C) 2501/2023
Senior Divisional Commercial Manager, South Central Railways and Ors. v. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare AssociationReferred¶42
Senior Divisional Commercial Manager, South Central Railways and Ors. v. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association [(2016) 3 SCC 580]
M/s Veer & Company Graduate Partnership Concern & Anr. v. Union of India and Ors.Referred¶52
LPA 770/2024 [M/s Veer & Company Graduate Partnership Concern & Anr. v. Union of India and Ors.]
M/s S Veer and Company Graduate Partnership Concern & Anr. v. Union of India & Ors.Explained¶44
SLP(C) 19229/2024 [M/s S Veer and Company Graduate Partnership Concern & Anr. v. Union of India & Ors.]
Parvat Singh Yadav v. Union of India & Ors. and connected mattersReferred¶52
LPA 849/2024 [Parvat Singh Yadav v. Union of India & Ors. and connected matters]
Ms. Kaushalya Meena Prop. Shree Krishna Catering Services v. Union of India & Ors.Referred¶53
W.P.(C) 9231/2024 [Ms. Kaushalya Meena Prop. Shree Krishna Catering Services v. Union of India & Ors.]
Smt. Asha Shukla v. Union of India & Ors.Referred¶53
W.P.(C) 10459/2024 [Smt. Asha Shukla v. Union of India & Ors.]
Kusum Ingots & Alloys Ltd. v. Union of IndiaReferred¶74
Kusum Ingots & Alloys Ltd. v. Union of India [(2004) 6 SCC 254] · Who else cites this
M/s Shashikala Gupta
Union of India
Anju Surana
M/s SharDA And Sons Baking House Pvt. Ltd.
M/s SharDA Food And Beverage Pvt Ltd
M/s N.C. Jain And Sons
Prateek Jalan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
