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M/S. Seema Caterers, v. the Union of India

Karnataka HC20 Aug 2025WP/25213/2025

Case brief

AI extract

What is this about?

Seema Caterers v. Union of India, Railway Board & IRCTC - Karnataka HC WP No. 25213 of 2025 (GM-RES), order dated 20.08.2025 (B M Shyam Prasad J.): railway short-term catering tender (STT Order 30.05.2025) continuation until Long Term Tender floated and finalised or IRCTC takeover/assignment to another licensee; no extension beyond STT period; filed under Articles 226/227; representation dated 01.08.2025; service entitlement until 09.09.2025 undisputed.

What did the court decide?

Petitioner permitted to continue operating the licence and offering services on the terms of the STT Order dated 30.05.2025 until the Long Term Tender is floated and finalised or the third respondent takes over the services or assigns another licensee; no extension beyond the period contemplated under the STT Order; petition disposed of on the parties' submissions.

M/S. Seema Caterers, Vs the Union of India — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed, by a writ of mandamus, to extend the petitioner's licence for a further period of three months as per the letters of commencement dated 05.06.2025 (Annexure E) and 22.07.2025 (Annexure E-1). +1 more

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Court's answer

There is no dispute that the petitioner is entitled to continue the services until 09.09.2025 in terms of the order dated 22.07.2025.

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Ratio / Principle

The petitioner will be entitled to operate the licence and offer services on the terms contained in the STT Order dated 30.05.2025 until the Long Term Tender is floated and finalised, or until there is a decision by the third respondent to take over the services itself or assign them to another licensee.

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Key takeaways

The disposal based on the parties' submissions cannot be a reason for extension of the licence beyond the period contemplated under the STT Order dated 30.05.2025.ratio¶55

Detailed headnote1 paragraphs

Karnataka HC (B M Shyam Prasad J., oral order dated 20.08.2025) disposed W.P. No. 25213 of 2025 (GM-RES) filed by M/s Seema Caterers under Articles 226/227 of the Constitution seeking mandamus for a further three-month extension of its railway catering licence per letters of commencement dated 05.06.2025 (Annexure E) and 22.07.2025 (Annexure E-1), and consideration of its representation dated 01.08.2025 (Annexure F). Under the STT Order dated 30.05.2025 the licence ran for three months or until finalisation/commencement of the Long Term Tender, whichever earlier, with liberty to assign to a new licensee or IRCTC; additional trips assigned on 22.07.2025 ran until 09.09.2025, with undisputed entitlement to serve till that date. On submissions of both sides, the Court held the petitioner entitled to operate the licence on STT terms until the Long Term Tender is floated and finalised or the third respondent takes over the services or assigns another licensee, and observed that the disposal cannot be a reason for extension beyond the period contemplated under the STT Order.

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NC: 2025:KHC:32310 WP No. 25213 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 25213 OF 2025 (GM-RES)

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BETWEEN:

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M/S. SEEMA CATERERS, SITUATED AT 777, 9TH MAIN ROAD, 3RD BLOCK, 1ST STAGE, HBR LAYOUT, BENGALURU -560043. REPRESENTED BY ITS PARTNER. MR. ALTAF ULLA SHARIFF SON OF MR. MUNAWAR SHARIFF, AGED ABOUT 50 YEARS

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…PETITIONER

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(BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. MAHAMMED TAHIR A.,ADVOCATE)

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AND:

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Digitally signed by VANAMALA N

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Location: High Court of Karnataka

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THE UNION OF INDIA, THE MINISTRY OF RAILWAYS, RAIL BHAVAN, RAISINA ROAD, NEW DELHI-110001. REP BY ITS SECRETARY

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THE CHAIRMAN, RAILWAY BOARD, THE MINISTRY OF RAILWAYS, RAIL BHAVAN, RAISINA ROAD, NEW DELHI-110001

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M/S. INDIAN RAILWAY CATERING AND TOURISM CORPORATION ( IRCTC), SITUATED AT 11TH FLOOR,

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NC: 2025:KHC:32310 WP No. 25213 of 2025

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HC-KAR

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STATESMAN HOUSE BUILDING,

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B-148, BARAKHAMBA ROAD, NEW DELHI-110001. REP BY ITS CHIEF MANAGING DIRECTOR

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M/S. INDIAN RAILWAY CATERING AND TOURISM CORPORATION (IRCTC), SITUATED AT 4TH FLOOR, TOWER - D, WORLD TRADE CENTER, NAUROJI NAGAR,

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NEW DELHI-110029.

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REP BY ITS GROUP GENERAL MANAGER / PROCUREMENT

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M/S. INDIAN RAILWAY CATERING AND TOURISM CORPORATION (IRCTC -SZ), SITUATED AT 6 A, THE RAIN TREE PLACE, 9 MC NICHOLS ROAD, CHETPET, CHENNAI -600031.

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REP BY ITS GROUP GENERAL MANAGER /SZ/ IRCTC

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…RESPONDENTS

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(BY SRI. H. SHANTI BHUSHAN, DSG FOR R1 AND R2; SRI. KUSHAL GOWDA, ADVOCATE FOR SRI. ABHINAY Y.T, ADVOCATE FOR R3 TO R5)

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THIS WP IS FILED UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF RESPONDENTS; ISSUE AN ORDER, DIRECTION OR A WRIT, IN THE NATURE OF WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS TO EXTEND THE PETITIONER LICENSE FURTHER PERIOD 3 MONTHS AS PER LETTER OF COMMENCEMENT DATED 05.06.2025 VIDE ANNEXURE E AND LETTER OF COMMENCEMENT DATED 22.07.2025 VIDE ANNEXURE E-1; ISSUE AN ORDER, DIRECTION OR A WRIT, IN THE NATURE

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NC: 2025:KHC:32310 WP No. 25213 of 2025

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HC-KAR

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OF WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 01.08.2025 OF THE PETITIONER VIDE ANNEXURE - F.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioner, who is in the business of catering and other services, is issued with Short Term Tender on 30.05.2025 [ STT Order dated 30.05.2025] , subject to payment of license fee and other charges but on the condition that the licence will be for a period of three months or until finalisation [ or commencement ] of a Long Term Tender whichever is earlier. The further stipulation is that the first respondent could also assign the license to a new licensee or M/s. Indian Railway Catering and Tourism Corporation [IRCTC]. The petitioner, in terms of this contract, is assigned a certain number of trips, but on 22.07.2025 certain additional trips

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NC: 2025:KHC:32310 WP No. 25213 of 2025

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HC-KAR

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are assigned, and this arrangement is to be until 09.09.2025. This Court must observe that there is no dispute about the petitioner being entitled to continue the services until 09.09.2025 in terms of this order dated 22.07.2025.

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Mr. Jayakumar S. Patil, the learned Senior counsel for the petitioner, submits that the first respondent has not floated any tender for awarding the services to another contractor nor any measure is taken to entrust the services to another licensee or even for the IRCTC to take over. The learned Senior Counsel submits that, therefore, the petitioner must be permitted to continue the services with just an extension in view of the provisions for extension in the Short Term Tender.

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Mr. Kushal Gowda, the learned counsel for Mr. Abhinay Y. T, who is permitted to take notice for the answering third to fifth respondents, submits that he is on instructions to place before this Court

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5 - NC: 2025:KHC:32310 WP No. 25213 of 2025

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HC-KAR

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that the petitioner could continue to operate as a licensee offering the different services in terms of the STT Order dated 30.05.2025 provided the petitioner tenders the license fee and does not insist for any continuation once the Long Term Tender for five years is floated and finalized or if the IRCTC itself taking over the services.

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4. In rejoinder, Mr. Jayakumar S. Patil

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submits that the petitioner's representation dated 01.08.2025 [ Annexure - F ] is only for the relief as aforesaid and he can state on instructions that the petitioner will not default in paying the license fee or in seeking extension of time if the Long Tender is finalized or IRCTC itself takes a decision to offer the services itself.

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These submissions narrow down the

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scope for consideration and the petition must be disposed of in the light of these submissions. This Court must observe that the petitioner will be

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NC: 2025:KHC:32310 WP No. 25213 of 2025

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HC-KAR

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entitled to operate the license to offer services on the terms as contained in the STT Order dated 30.05.2025 until Long Term Tender is floated and finalized or there is a decision by the third respondent to take over the services itself or to assign the another licensee. Further, this Court must also observe that this disposal based on the submission as aforesaid, cannot be a reason for extension beyond the period that is contemplated under the STT Order dated 30.05.2025.

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The petition stands disposed of accordingly.

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Sd/(B M SHYAM PRASAD) JUDGE

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M/S. Seema Caterers, v. the Union of India

Case brief

What is this about?

What did the court decide?

M/S. Seema Caterers, v. the Union of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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