Facts
The petitioner was awarded a parking contract at Dehradun Railway Station for a three-year term effective from 10.05.2023 to 09.05.2026
Source reference: para. 2On 05.03.2026, shortly before the expiry of the term, the petitioner applied for an extension of the contract period
Source reference: para. 2This request was rejected by the Senior Divisional Commercial Manager (Respondent No. 2) via an order dated 13.03.2026, which stated that there was no provision in the contract for such an extension
Source reference: para. 1The petitioner challenged this order through a Writ Petition, contending that the rejection was based on a manifest error regarding the contract terms
Source reference: para. 3Issues
1. Whether Clause 10 of the contract confers a legal right upon the contractor to seek or obtain an extension of the contract period
Source reference: para. 42. Whether the respondent's order rejecting the extension was legally sustainable given the discretionary nature of the extension clause
Source reference: para. 5-6Law Applied
The rule dictates that while the duration is fixed as per the Auction Catalogue, no extension shall normally be permitted
Source reference: para. 3A "need-based extension" may be considered by the Railway for a maximum of three months in deserving cases, subject to the approval of the Competent Authority and the contractor's performance
Source reference: para. 3Crucially, the rule establishes that such extension is at the "purely sole discretion of Railways" and "will not be the contractor’s right"
Source reference: para. 3Reasoning
The court analyzed the language of Clause 10 to determine if the petitioner had an enforceable right to an extension. It observed that the clause explicitly frames extensions as an exception rather than a rule, dependent entirely on the "need" and "sole discretion" of the Railways
Source reference: para. 4Although the petitioner argued that the respondent's reasoning (that "no provision" for extension existed) was factually incorrect because Clause 10 exists, the court interpreted the respondent's observation in a legal context
Source reference: para. 5The court reasoned that the respondent's statement meant there is no provision that allows the contractor to demand an extension as a matter of right
Source reference: para. 5Since the petitioner could not demonstrate the infringement of any vested legal right, the court found no grounds to exercise its writ jurisdiction to interfere with the Railway's discretionary decision
Source reference: para. 6Holding
The High Court dismissed the writ petition, holding that the petitioner has no legal right to claim an extension of the contract period under Clause 10
The court affirmed that extensions are discretionary and contingent upon the requirements of the Railway administration
Source reference: para. 4All pending applications were disposed of in light of the dismissal
Source reference: para. 8Original Court PDF
R K KAKKAR ENTERPRISESvsDIVISIONAL RAILWAY MANAGER
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