- (1.) THIS writ application is directed against the order as contained in letter no. 2003/1RCTC/FP/Tata dated 9.10.2007 (Annexure -8) under which license granted to the petitioner to operate Food Plaza at Tatanagar Railway Station was terminated.
(2.) INDIAN Railway Catering and Tourism Corporation Limited (IRCTC), Government of India Undertaking in order to upgrade the standard of catering services in Indian Railway and also at important stations including at Tatanagar Railway Station decided to set up Food Plaza so as to fulfill the requirement of large section of passengers. Pursuant to such decision IRCTC invited formal bids, vide bid dated 7.2.2003 from prospective licensees. The petitioner also participated in the bid process and was declared successful. Consequently, the petitioner was awarded with license vide letter dated 18.2.2003 to operate Food Plaza at Tatanagar Railway Station. As per Clause 14.7 of the said offer letter dated 18.2.2003, the petitioner was required to execute an agreement within two months of the issuance of the letter of award. Further as per the terms of the bid license for operating Food Plaza was awarded for a period of 9 years extendable to 12 years. Again under Clause 18 of the bid document locking period of 4 years was provided during which period the licensee was supposed to bound by the projection of annual net sales turnover and if licensee chooses to close the business, he will be forfeiting the security deposit. 2. On getting license to run Food Plaza, the petitioner commenced his business in the name and style as M/s Utsav Flavours at Tatanagar Railway Station with effect from 10.9.2003 and after doing business for about four years, the petitioner entered into an agreement with IRCTC, though as per the terms of the bid, the said agreement was to be executed within two months from the date .of grant of the license. Under the agreement, terms and conditions were the same which were there in the bid document. It is the case .of the petitioner that right from the beginning when business gat started in the month of September, 2003, there has been no complaint about the unhygienic condition or quality of food by the public. Despite that, respondent kept an sending notice to the petitioner to make necessary improvement so far hygienic condition is concerned, to which the petitioner always replied that required standards are being maintained and is improving day by day and in order to make .further improvement, petitioner made request far providing additional space far accommodation to the public but the respondent instead of providing any space went an sending notice with mala fide intention to terminate the license .of the petitioner and this mala fide intention gat reflected when the respondent issued a letter dated 12.5.2007 (Annexure -5) initiating pracess .of terminatian calling upon the petitioner to bring about drastic improvement in the upkeeping and maintenance of Food Plaza, to which the petitioner submitted his explanation an 6.8.2007 stating therein that deficiencies, as painted out under notice dated 12.6.2007, have been removed and that entire payments have been made but at the same time made a request far providing space as had been agreed upon. Before submission of the explanation, the respondent in terms of the bid entered into written agreement an 4.8.2007 but all on a sudden respondent issued a letter (Annexure 8) under which license .of the petitioner of the Food Plaza was terminated and the petitioner was asked to vacate the premises .of the Food Plaza,
(3.) BEING aggrieved with that, this writ application has been filed,;