- (1.) HEARD learned counsel for the petitioners and Shri Prashant Kumar Srivastava, learned counsel representing Union of India. Affidavits have been exchanged. Hence, with the consent of learned counsel for parties, we dispose of the writ petition finally at the admission stage.
(2.) THE petitioners are involved in the business of catering and vending with the Indian Railways. They were allowed catering and vending units at different Railway Stations like Barabanki including Sultanpur since 1993. Controversy relates to Tea Stall running on a platform at Sultanpur Railway Station, for which the license was granted on 27.03.2009. The license granted to the petitioners was extended from time to time. However, the pleadings with regard to extension of license has been denied while submitting reply to para 21 of the writ petition. In para 22 of the writ petition the petitioners have specifically pleaded that Railway Board has changed the catering policy, 2010 and decision was taken to take over the management of all catering units from IRCTC, which has extended licence to the petitioner.
(3.) ADMITTEDLY , the license was granted to the petitioners again to run the Stall at the platform of Railway Station, Sultanpur before the laying down of the Catering Policy of 2010. According to paragraph 22 of the writ petition, it is pleaded that Railways provided that during the process of taking over the management by the Zonal Railways in a phase manner, there shall be no disruption of service to the passengers in view of Catering Policy dated 21.07.2010 (copy of which has been annexed as Annexure No. 9 to the writ petition). The submission of petitioners' counsel is that the petitioners are entitled to continue with the catering work till it is taken over by the Railways in terms of Policy 2010. By the impugned order dated 10.08.2011, on the basis of instructions issued by the Senior Divisional Commercial Manager (hereinafter referred to as the 'Sr. DCM'), the petitioners' Stall has been removed with immediate effect. The order dated 10.08.2011, contained as Annexure No. 1 to the writ petition, is reproduced as under: -;