233wp497.11.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.497 of 2011 (Mahesh Fruit Company .vs. Union of India and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 23/03/2011. Heard Smt. N.A.Biala, Adv. for the petitioner, Mr.R.S.Sundaram, Adv. for respondent no.5 and Mr.A.S.Kilor, Adv. for respondent no.6. This petition is directed against the communication dated 24th October, 2010 issued by respondent no.5 whereby respondent no.6 was informed that his stall was also taken over by the Division and he was requested to pay provisional license fee for six months from October, 2010 to 31.3.2011 amounting to Rs.7,58,332/-. This was provisional license fee. Counsel for the petitioner has submitted that tender of the petitioner was accepted for allotment of stall in question in the year 2006; however, on one 233wp497.11.odt 2 . reason or the other, the Indian Railway Catering and Tourism Corporation Ltd. did not hand over possession thereof. It is further contended that respondent no.6 was illegally holding possession of the said stall in spite of the fact that the petitioner's tender in respect of the said stall was accepted by the Authority in the year 2006. It is, therefore, submitted that appropriate direction in this regard be given. Mr. R.S.Sundaram, Adv. for the Railways has submitted that, at the time of floating of the tender in the year 2006, the old policy was in existence and the Authority who has floated the tender was the Indian Railways Catering and Tourism Corporation Ltd. It is submitted that the new policy has come into force in the year 2010 and now the Indian Railways itself shall issue tender notice calling bids for allotment of stalls at the Nagpur Railway Station within a period of three months from today. It is further submitted that, the tender notice shall include, apart from the other stall, the stall in question. Mr.Sundaram, Adv. has submitted that the period of allotment of stall was for five years and which will come to an end on 31.3.2011. The above referred facts clearly 233wp497.11.odt 3 . establish that the tender was submitted by the petitioner in the year 2006 in view of the old policy pursuant to the tender floated by the Indian Railway Catering and Tourism Corporation Ltd. The period of contract under tender was for five years which will expire even otherwise w.e.f. 31.3.2011. It is brought to the notice of this Court that the new policy of 2010 has come into existence and the tender shall be floated now by the Indian Railways within three months calling bids for allotment of stalls at the Railway Station including the stall in question. In that view of the matter, we do not intend to show indulgence at such a belated stage and it will be open for the petitioner to participate in the process of tender according to the procedure stipulated in the tender notice/documents. It is also open for the petitioner to adopt such remedies against the concerned according to law if the petitioner has suffered damages because of action of the respondent. With these observations, the petition is disposed of. JUDGE JUDGE jais