Ananga Karmakar @ Ananda Karmakar vs South Eastern Railway through Chief Commercial Manager, Howrah and others

Aparesh Kumar Singh, J.—Learned counsel for the petitioner contends that the petitioner who is the licensee for 21 years with regular renewals, has participated in the tender for renewal of licence of Catering Unit No. 8 at Ranchi Railway Station, as per bid notice (Annexure-3) and quoted an amount of Rs. 2,98,900/- above the minimum yearly licence fee for each stall specified in the bid notice. However, by letter dated 01.03.2016, Respondent No. 2 has asked the petitioner to pay the annual licence fee of Rs. 5,56,615/- for a period of five years, which is without any basis.

Learned counsel for the respondent Railways prays for short time to obtain instruction in the matter.

Learned counsel for the petitioner submits that the petitioner would not be able to operate the Unit in the absence of renewal which has lapsed already on 06.03.2016, though it has been permitted to operate it till 04.04.2016.

In such exigency, it would be proper for the respondents to come up with their specific stand within a period of ten days.

List the case on 18.04.2016.

Petitioner undertakes to deposit the bid amount offered by him, subject to the outcome of the writ application, so that pending adjudication, he may be allowed to continue with the operation of the Unit. Let him do so within a period of one week.

In the meantime, till the next date, petitioner be allowed to continue with the operation of the Unit.