Full Text
HIGH COURT OF DELHI
Date of Decision: 15th September, 2025
58329/2025 M/S SOPAN RESTAURANT .....Petitioner
Through: Mr. Akshat Bajpai, Mr. Shobhit Trehan, Ms. Renuka Parmanand, Ms. Jayashree Mishra and Ms. Vedika Dalmia, Adv. (Through VC)
Mob: 7985177435 Email: bajpaiakshat@gmail.com
Through: Mr. Jagdish Chandra, CGSC and Mr. Sujeet Kumar, GP, Advs.
JUDGMENT
1. The present writ petition has been filed seeking directions to the respondents to grant extension of seven months to the petitioner for General Minor Unit (“GMU”) No. NDLS-S-1 at Platform No. 1 behind booking hall at New Delhi Railway Station, in terms of the order dated 10th January, 2025 in W.P.(C) 225/2025 and the judgment dated 30th May, 2024 in W.P.(C) 6771/2024.
2. This Court notes that the petitioner herein had earlier filed a petition with similar prayer, i.e., W.P(C) 9674/2025, which was disposed of vide order dated 22nd August, 2025, in the following manner:
1. “The present writ petition has been filed seeking directions to the respondents to grant extension of a total of seven months to the petitioner for the General Minor Unit No. NDLS-S-1 at Platform NO. 1, behind Booking Hall at New Delhi Railway Station, in terms of the order dated 10th January, 2025, in W.P.(C) 225/2025, and the judgment dated 30th May, 2024, in W.P.(C) 6771/2024.
2. Notice had been issued in the present matter on 11th July, 2025, and considering the submissions made before this Court, Status Quo had been directed to be maintained with regard to the stall in question, till the next date of hearing.
3. Today, learned counsel appearing for the respondents submits that the petitioner has not approached the respondents with any representation. He, thus, submits that the petitioner has approached this Court without even praying for relief from the respondents. He submits that the present petition can be treated as a representation.
4. Accordingly, considering the submissions made before this Court, let the present petition be treated as a representation made by the petitioner to the respondents.
5. At the time of considering the representation of the petitioner, the respondents shall give an opportunity of hearing to the petitioner, through his authorized representative.
6. Upon considering the representation of the petitioner, a Speaking Order shall be passed, which shall be communicated to the petitioner.
7. Considering the fact that vide order dated 11th July, 2025, this Court had directed maintenance of Status Quo as regards the stall in question, it is directed that during the pendency of the representation with the respondents, the Status Quo order as passed vide order dated 11th July, 2025, by this Court, shall continue.
8. It is further directed that the Status Quo shall continue for another two weeks, after the representation of the petitioner is decided and communicated to the petitioner.
9. In case, the petitioner is aggrieved by any order passed by the respondents, the petitioner is at liberty to seek its remedies, in accordance with law.
10. With the aforesaid directions, the present writ petition, along with the pending application, stands disposed of.” (Emphasis Supplied)
3. Learned counsel appearing for the petitioner submits that pursuant to the aforesaid order, a Speaking Order has been passed on behalf of the respondent-Northern Railways dated 04th September, 2025, wherein, they have rejected the representation of the petitioner. Thus, it is submitted that since this Court on previous occasions has been passing various orders with respect to granting extension of seven months, therefore, similar prayer is being sought, on the grounds of parity.
4. Issue notice. Notice is accepted by learned counsel appearing for the respondents, who submits that vide the Speaking Order dated 04th September, 2025, the prayer of the petitioner for extension has already been rejected.
5. Having heard learned counsels for the parties, this Court notes that vide order dated 20th March, 2025, in W.P.(C) 3474/2025, titled as “Shri Kishori Lal Versus Union of India and Others”, this Court has, in similar circumstances, granted extension in favour of the petitioner therein.
6. Thus, considering the fact that similar orders have been passed on previous occasions also by this Court, thereby, granting an extension of time for running the stall, this Court is of the view that in parity with the orders passed earlier by this Court, a similar order ought to be passed in the present case as well. This Court sees no reason to take a different view from the orders passed earlier.
7. As regards the tenure of license in the present case, the petitioner was granted license with effect from 12th July, 2020, for a period of five years, which period expired on 11th July, 2025.
8. In view of the order passed by this Court in the earlier writ petition, i.e., order dated 22nd August, 2025 in W.P.(C) 9674/2025, though the period of license of the petitioner has come to an end on 11th July, 2025, the petitioner has continued with the possession of the stall in question, considering the status quo order granted by this Court.
9. Thus, the petitioner has already taken the benefit of extension from 11th July, 2025 till date.
10. Accordingly, it is directed that subject to payment of license fees, the petitioner will be allowed to operate for GMU No. NDLS-S-1 at Platform No. 1 behind booking hall at New Delhi Railway Station, for a period of seven months, with effect from 11th July, 2025, at stipulated license fees.
11. The petitioner is directed to file an undertaking, on an affidavit, before this Court, within a period of four weeks from today, that the petitioner shall vacate the stalls in question, on expiry of the extended period of 7 months, failing which, the respondents will be at liberty to remove the goods of the petitioner, from the stalls in question.
12. It is further made clear that extension of the license fees of the petitioner will not preclude the Railways from inviting fresh tenders, for awarding of the license, on expiry of the extended period of license of the petitioner.
13. Accordingly, with the aforesaid directions, the present writ petition, along with the pending applications, stands disposed of. MINI PUSHKARNA, J SEPTEMBER 15, 2025