WP(C) 2100/2011 BEFORE HON’BLE MR JUSTICE AMITAVA ROY The petitioner, a licencee who provides catering services on the trains run b y the North Frontier Railways under the Ministry of Railways, Government of Indi a ( hereafter for short, referred to as the ’Railways) is before this court see king an appropriate writ and/or direction to it (Railways) and its functionari es i.e. Respondent Nos 4,5 and 6 for extending his licence for such services in Poorvattar Sampark Kranti Express plying to and fro Guwahati and New Delhi til l 13.6.2011 in terms of the Office Memorandum No.2010/TG.III/645/13 dated 29.12. 2010 of the Railway Board, Govt. of India, Ministry of Railways. I have heard Mr PK Goswami, learned senior counsel for the petitioner as sisted by Mr NBB Choudury and Ms B Choudhury, Advocates, Mr AK Sarkar, learned S tanding counsel for the respondents and Mr Anix Singh, learned counsel for IRCTC , Respondent No.3. It would be inessential in view of the order proposed to be passed to d ilate on the factual aspects. Suffice it to mention that pending finalization of the modalities for settlement of the on board catering services on the trai ns under it, the Railway Board has taken a policy decision as reflected in t he aforementioned Office Memorandum dated 29.12.2010 to permit extension of t he existing mobile and static contracts for a period of six months on and from 20.1.2011 or until finalization of Standard Bid Documents for the proposed proc ess of settlement for licence as contemplated so as to ensure uninterrupted ca tering service to the railway passengers as well as smooth transfer of cateri ng activities from IRCTC to the Zonal Railways. According to the petitioner, meanwhile he has made the required deposit for licence fee upto 13th June,2011 and has submitted as well, all necessary d ocuments including the food licence and the clearance from the Health Author ities concerned. As inspite of the decision conveyed by the Memorandum dated 29.12.2010, no express order of extension has been granted in his favour vis a vis his licence after 13.3.2011 to run the on board catering services on the P oorvattar Sampark Kranti Express, he is before this Court seeking redress. Mr Goswami has submitted that in the face of the unambiguous decision co nveyed by the Office Memorandum dated 29.12.2010 and the abiding compliance of the prescribed terms and conditions for issuance of licence involved by the pet itioner, there is no reason why the extension to his licence at least upto 13.6. 2011 should not be granted and therefore, this Court would intervene in the inte rest of justice and issue necessary directions as prayed for. The learned senior counsel on instructions has submitted that meanwhile, the similarly situated c ontractors have been granted such extension. He has submitted further that the petitioner however is rendering the catering services on the aforementioned tr ain till date without any interruption. Mr Sarkar has submitted that in face of the Office Memorandum dated 29. 12.2010, the petitioner’s representation (Annexure-P/19) made before the Chief Commercial Manager, NF Railway, Maligaon may be permitted to be disposed of on merits. He has not questioned the veracity of the Office Memorandum dated 29.12 .2010 and the correctness of the interpretation thereof as urged by the petition er. Upon hearing the learned counsel for the parties and on a consideration of the averments made in the application together with the documents appended t hereto, this Court considers it to be a fit case to direct the Railways and its authorities inter alia, the Respondent Nos 4,5 and 6 to cause necessary steps to be taken to pass appropriate orders extending the licence of the petitioner for on board catering services vis a vis Poorvattar Samprak Kranti Express in terms of the Office Memorandum dated 29.12.2010. Ordered accordingly. This shou ld be done within a period of one week from the date of receipt of the certifie d copy of this order. The petition is allowed in the above terms. No costs.