IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY 2019 BEFORE The Hon’ble Mr. Justice B. M. Shyam Prasad Writ Petition No.57985 of 2018 (gm-res) Between :
M/S NIRMAN BHARATH SITUATED AT 19/1, 5TH CROSS ST. THOMAS TOWN, BANGALORE – 560 084 REPRESENTED BY ITS PARTNER SRI. FASICER RAHAMAN (BY SRI. MAHAMAD TAHIR A. ADVOCATE) AND:
1. THE UNION OF INDIA MINISTRY OF RAILWAYS NEW DELHI - 110 001 REP BY ITS SECRETARY.
2. THE CHAIRMAN RAILWAY BOARD MINISTRY OF RAILWAYS NEW DELHI - 110 001.
3. INDIAN RAILWAY CATERING TOURISM AND CORPORATION LTD (IRCTC) CORPORATE OFFICE AT 11TH AND 12TH FLOOR STATEMENT HOUSE, BARAKHAMBA ROAD CONNAUGHT PLACE, NEW DELHI - 110 001 REPRESENTED BY ITS MANAGING DIRECTOR/ GROUP GENERAL MANAGER/PROCUREMENT.
4. INDIAN RAILWAY CATERING AND TOURISM CORPORATION ... PETITIONER REGIONAL OFFICE SITUATED AT 2/2 DR RAJKUMAR ROAD, 4TH BLOCK, RAJAJINAGAR, BANGALORE - 560 010 REPRESENTED BY ITS REGIONAL MANAGER.
... RESPONDENTS (BY SRI. N. S. SANJAY GOWDA, ADVOCATE FOR R1-R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATIONS DATED 27.08.2018 AND ITS CORRIGENDUM DATED 13.09.2018 FOR PROVISION OF ON-BOARD CATERING LICENSES/SERVICE IN MAIL/EXPRESS/SUPERFAST TRAINS AND OTHER TRAINS ISSUED BY THE IRCTC/R-3 VIDE ANNEXURE-C AND C-1 BY TREATING IT AS UNJUST, UNFAIR AND ULTRA VIRES.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R A memo is filed on behalf of the petitioner seeking permission to withdraw the petition asserting that the respondent – Railway Authority has assured that upcoming On-board Catering License will be issued according to the terms of Railway Code and Cabinet decision Catering Policy 2017. Further, the petitioner seeks permission to withdraw the petition with liberty to file a fresh petition, if need be.
Sri N.S. Sanjay Gowda, the learned counsel for the respondent – Railway Authority, submits that he has no objection for withdrawal of the petition, but liberty to file fresh petition cannot be granted as that could tantamount to granting locus to the petitioner.
Memo is taken on record, and in view of these submissions, the writ petition is dismissed as withdrawn with liberty as prayed for, subject to all just and permissible exceptions.
SD/- JUDGE SA