SEEMA CATERERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is before this Court calling in question Commercial Circular No.61 of 2017 dtd. 5/9/2017 issued by the respondents/ Railways depicting as Multi Purpose Stall (MPS) Policy 2017 ('MPS Policy' for short) and has sought quashment of certain license agreements entered into between the petitioner and the respondents/Railways and further as a consequence there under, seeks a direction by issuance of a mandamus to renew licenses of the stalls of the petitioner in terms of earlier policy.

(2.) Facts, in brief, adumbrated are as follows:-

(3.) After expiry of the term of the contract, the contract of the petitioner stood renewed but not under the earlier policy but under a policy that was notified in terms of certain orders passed by the Apex Court. The Policy was MPS Policy notified on 5/9/2017. The petitioner accepted terms of the policy and was awarded the contract afresh on 5/2/2018. The letter of award of contract depicted that the contract is awarded in terms of the policy dtd. 31/10/2017. This policy did not contain any clause of renewal on expiry of the term. The petitioner on account of onset of COVID-19 was also granted 282 days of extension which would come to an end on 9/11/2023. The petitioner has knocked at the doors of this Court by filing the present petition on 27/10/2023 contending that the petitioner is entitled for renewal of a further three years in terms of the Catering Policy of 2010 under which it was awarded the contract earlier.