‘Show sensitivity to social realities’: Jharkhand High Court restores 76-year-old widow’s Ranchi Railway station food stall 

“We feel that, based upon such vague reasons, the railway authorities, who were expected to be quite sensitive and conscious of the social and ground realities, could not have taken the harsh action of terminating the renewed license within hardly a year of its renewal, for which the petitioner, a widow over 70 years, was forced to litigate for almost a decade,” the April 27 order read. 

Chief Justice M S Sonak and Justice Rajesh Shankar found that the petitioner was compelled to file two petitions seeking redress after being removed from the platform despite having a valid licence.

Pointing to the renewal of the licence in October 2024 after prolonged litigation, the high court observed, “This, almost heroic success, which the widow petitioner achieved through a long legal battle, should not have been eclipsed in a summary manner within hardly a year from the date of the renewal.”

‘Authorities must appreciate her situation’

• The Jharkhand High Court pointed out that the railways should have “appreciated” that the petitioner was a widow, who, along with her daughter, was struggling to make a “living”. 
• The court rejected the allegations of not providing satisfactory work and attaining the prescribed performance level as reasons for terminating her license.
• The high court further found that the petitioner was compelled to file two writ petitions seeking redress after being removed from the platform despite having a valid licence.
• The Jharkhand High Court noted that the petitioner’s husband operated a food stall under a license from the railways from 1994 to 2000. 
• It was noted that upon his demise, the license was transferred to the petitioner, who operated the stall from 2000 to 2015 without any interruption. 
• The said termination communication of June 2025 does not even take into consideration the petitioner’s defences, the high court pointed out. 

‘Directions of court’

• The high court stated that the petitioner is granted liberty to file a representation before the railways for the refund of the amount of Rs 1.35 lakh, which the petitioner is now paying “under protest and without prejudice”. 
• The Jharkhand High Court also directed that in the same representation, the petitioner may also renew her prayer for inclusion of her daughter’s name in the license. 
• The high court directed that the railways consider and dispose of the petitioner’s representation in accordance with the law and the relevant policies, on its own merits, as expeditiously as possible within three months. 
• The high court pointed out that the railways must immediately restore the petitioner to the railway platform so that she can commence her “petty” business under the license of October 2024.
• The Jharkhand High Court also pointed out that no other conditions, other than those in the licence, should be imposed upon the petitioner at the stage of restoration.  

Food stall to legal battle

It was placed on record that the petitioner’s husband was a licensee in respect of the small food stall at the Ranchi railway station platform since 1994. 

However, he expired in 2000. After that, the license was transferred to the petitioner, being a widow of the man. This license was renewed from time to time.

However, in May 2015, the petitioner was directed to vacate the food stall, and after this letter, the petitioner’s stall and the petitioner were physically removed from the platform. 

The petitioner filed a petition before this court, which was disposed of with a direction to consider the petitioner’s representation. 

Since the petitioner’s representation was rejected in June 2024, the petitioner was forced to file yet another petition. 

Subsequently, the June 2024 order was set aside, and directions were issued to the railways to consider the petitioner’s application for renewal of the license. 

Thereafter, the railways renewed her license in October 2024 for a period of three years with certain conditions, including payment of the earlier dues.  

Following this renewal, the petitioner was restored to the railway platform, where she, assisted by her daughter, resumed her “petty” business. 

However, such restoration was claimed to be short-lived because the renowned license was terminated by a communication of June 2025.

The said communication pointed out the failure to provide satisfactory services, non-submission of railway dues for the previous contract period, and failure to pay the imposed penalties despite a series of reminders. 

The petitioner, in the present case, is challenging this communication and seeking relief of further renewal of her license to start her food stall. 

Arguments

Appearing for the petitioner, advocate A K Singh argued that the said termination communication of June.2025 is arbitrary, illegal and in violation of the principles of natural justice and unfair play. 

He pointed out that the allegations of failure to provide satisfactory services or of non-adherence to the required performance level were entirely vague, and, based on such allegations, a widow could not have been ousted from the railway platform. 

He also submitted that for the period between 2015 and 2024, the petitioner was illegally deprived of her place on the railway platform. 

It was further added that the alleged dues reflected in the communication of May 2025, amounting to Rs 1.35 lakh, would be paid by the petitioner, because the petitioner is finding it extremely difficult to sustain herself and provide a livelihood for her family. 

On the contrary, representing the railways, Additional Solicitor General of India Prashant Pallav argued that the said termination letter was strictly in accordance with relevant rules. 

He pointed out that there was full compliance with the principles of natural justice, since on three separate occasions the petitioner was counselled to amend the deficiencies pointed out. 

Despite assurances, there was no improvement in the petitioner’s services, he added.