IN THE MATTER OF Vs. BINDU DEVI

JUDGEMENT

(1.) The appeal is directed against the learned Single Judge's order dated 13th April, 2017 in Writ Petition No. 11312(W) of 2017. By the order dated 19th April, 2017 the learned Single Judge has not accepted the contention of the appellant that she is entitled to have renewal of her license for running a store on a Railway platform. The learned Single Judge was of the opinion that the circular dated 15th March, 2017 could not be held to be applicable to the appellant as she had failed to establish the fulfillment of the parameters stipulated in the said circular. The only basis on which the appellant claimed that she was entitled to renewal of license was that she had enjoyed the facility from 1995 and that she was not aware of the circular dated 15th March, 2017 requiring her to submit an affidavit. The learned Single Judge has disbelieved the contention of the appellant that she was a licensee as she was not able to place any document on record to establish this fact except some documents indicating that she had deposited license fee up to 31st December, 2016.

(2.) It has been sought to be argued by the learned Counsel appearing for the appellant that in view of the judgement of Supreme Court in Senior Divisional Commercial Manager and other Vs. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association and another reported in, 2016 AIR(SC) 668, the appellant was entitled to have the license renewed under the Catering Policy of 2010.

(3.) The submission is fallacious as the Catering Policy of 2010 has given way to the Catering Policy of 2017 with effect from 27th February, 2017. Under this policy no license is to be renewed as stalls would be licensed to vendors by e-tendering. Apart from this, the Catering Policy of 2017 has not been challenged by the appellant in the petition or in the present appeal. We do not, therefore, see any reason to interfere with the policy decision of the Railways.