LAWS(GAU)-2024-3-106

DEEPAK Vs. UNION OF INDIA,

Decided On March 11, 2024
DEEPAK Appellant
V/S
UNION OF INDIA, Respondents

JUDGEMENT

(1.) Heard Mr. A. Choudhury, learned senior counsel, assisted by Ms. B. Chowdhury, learned counsel for the appellants. Also heard Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India, representing the respondents.

(2.) This intra-Court appeal is filed by the appellants being aggrieved with the order dtd. 31/3/2023 passed by the learned Single Judge in WP(C) No.1828/2023.

(3.) Brief facts of the case are that the appellant No.1 is a Partnership Firm and the appellant No.2 is the majority Partner of the appellant No.1 Firm. The appellant No.2 is presently running Food Stalls at Guwahati and Kamakhya Railway Stations, which fall in A-1 and A-2 Category Railway Station. Pursuant to the Tender Notice dtd. 17/6/2014, the appellant No.1 applied for licences for operating Food Stalls at Guwahati and Kamakhya Railway Stations under the Catering Policy of 2010 and pursuant to the same, a Letter of Acceptance (LoA) was issued in favour of the appellants in February, 2017. However, as the Letter of Acceptance was issued to the appellants prior to the date of coming into force of the Policy of 2017, the rights of the appellants were protected as per Clause 20.2 of the Catering Policy of 2017. Clause 20.2 of the Policy of 2017 reads as under:-