IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6722 of 2009 1. RAMA RANJAN PRASAD SINGH SON OF LATE MUNESHWAR PRASAD SINGH, RESIDENT OF AT & P.O. RAMNA, P.S. MITHANPURA, TOWN & DIST. MUZAFFARPUR 2.REWATI RANJAN PRASAD SINGH, SON OF LATE MUNESHWAR PRASAD SINGH, RESIDENT OF AT & P.O. RAMNA, P.S. MITHANPURA, TOWN & DIST. MUZAFFARPUR 3.JAI NARAYAN PRASAD SINGH SON OF LATE SIYA RAM SINGH, MOHALLA KRISHNA TOLI, P.S. BRAHMPURA, TOWN & DIST. MUZAFRFARPUR ….PETITIONERS Versus 1.THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF RAIL, RAIL BHAWAN, NEW DELHI 2.THE CHIEF COMMERCIAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR(VAISHALI) 3.THE GENERAL MANAGER, INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED, EASTRN ZONE OFFICE, 3, KOILAGHAT STREET, GROUND FLOOR, KOLKATA-700001. 4.THE REGIONAL MANAGER, INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED, 4th FLOOR, BISCOMANUN BHAWAN, WEST GANDHI MAIDAN, PATNA ….RESPONDENTS ----------- For the Petitioner :M/s Laxmi Narayan Das, Amitabh Sohan ` For the Railway : Mr. Shabbir Ahmad, Advocate For the IRCTC : Mr. A.Amanullah, Advocate Mr. Jawed Gaffar Khan, Advocate 4 4.8.2009 Mr. Keshri states that in the instant case by mistake he has filed Vakalatnama on behalf of the respondent Railway. Let the Vakalatnama so filed be returned to learned counsel. In the instant writ petition the petitioners seeks a direction to the respondents not to disturb or prohibit the business of tea-stall and other food stalls at Muzaffarpur Railway Platform as long they are not provided with suitable kitchen space in terms of Railway Board Catering Policy, 2005, contained in Annexure-2. The petitioners have got catering and vending licenses for selling food items at Muzaffarpur Railway Station since 1996. It appears that in December 2005, the Railway Board constituted a new company 2 by the name of Indian Railway Catering and Tourism Corporation Limited (in short’ IRCTC’) for undertaking the vending contract for selling various items at the stations and at the platforms. The Ministry of Railways issued a revised Catering Policy on 21.12.2005 whereby the stations were categorized in six sections. Further more, Clause 3.1 of the aforesaid policy prohibits cooking on platforms at suburban stations and for other stations there should be an attempt for no cooking stalls and trolleys on the platforms, except for making tea. It also provides that all cooking should be done in the main kitchen and a kitchen area at a suitable space away from platform may be provided to all the licensees of the stations on payment of the requisite licence fee. The grievance of the petitioners is that though more than four years had lapsed, no kitchen area or space away from the platform was provided to the licensee as envisaged in clause 3.1 of the Revised Catering Policy,2005 and as such they are facing lot of difficulties in attending to the passengers. Counter affidavits have been filed both on behalf of the Railways and on behalf of the IRCTC. In paragraph 10 of the counter affidavit filed on behalf of the Railways, it has been stated that now preparation of tea on platform has also been withdrawn by Catering Circular no.3 of 2009 dated 30.3.2009. The Catering Circular No.3 of 2009 permits using of all the existing Refreshment Rooms, both licensee as well as departmental and Cell Kitchens as temporary centralized base kitchen for the Station. The 3 aforesaid circular has been issued to provide hygienic and good quality food and to prevent any untoward incident on account of use of LPG Gas cylinder and the likes which apart from being hazardous could be unhygienic also. In paragraph 17 of the counter affidavit filed on behalf of Respondent nos.3 and 4, it has been stated that preparation of tea/coffee can be done through AVM and IRCTC agrees to provide suitable kitchen space on requisite licence fee to the intending applicant. IRCTC by circular no.3/09 had made an attempt to provide an alternative arrangement by making the departmental or cell kitchen available for cooking. Such arrangements could be only in the nature of stop gap arrangement, as the small space in departmental or cell kitchen may not be sufficient for accommodating all licensees and vendees. This arrangement cannot be a permanent substitute for the infrastructure to be provided to the licensee as visualized in Revised Catering Policy, 2005 dated 21.12.2005, on account of shortage of space. Having heard counsel for the parties and on going through the materials on record, this court observes that the Railways as well as the IRCTC must take immediate steps in terms of Clause 3.1 of the Revised Catering Policy, 2005 to provide suitable space away from the platform to all the licensees promptly without any undue delay as more than three years have already passed without even seeing a beginning in the direction. In case the alternative arrangement as provided in Catering Circular No.3 of 2009 does not take care of the need of the common people, then on grant of due certification, only preparation of tea on 4 KHAN platforms other than suburban ones could be permitted on small stoves on case to case basis. If any licensee or vendee is seen using small stove without due certification strict action may be taken against him/her. Once space as envisaged in Clause 3.1 of Catering Policy is provided to the licensees, even the preparation of tea/coffee on the small stove would be stopped forthwith. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)