ERC LOGISTICS Vs. UNION OF INIDIA AND ORS

JUDGEMENT

(1.) By the petition, the petitioner seeks Writ of Mandamus directing the respondents to allow the petitioner to operate 4 tonnes parcel leasing space in F-1 compartment of train no. 12616 Ex. NDLS to MAS in terms of e-tender conditions.

(2.) Short factual conspectus giving rise to the filing of the instant petition is that the respondents had issued a tender for leasing out spaces in compartments of various trains, originating from various stations like New Delhi Railway Station (NDLS), Sarai Rohila, Hazrat Nizamuddin and so on, and, for the purpose, issued advertisement in the leading newspapers. The advertisement appearing in the newspapers referred for the loading in the leased spaces for train no.12616 Ex. Sarai Rohilla Chennai Central at serial no. 14, as appearing in Annexure-A1 to the counter affidavit of the respondents. Petitioner however, participated and gave its bid as per the e-tender for loading Ex. NDLS and not Delhi Sarai Rohila. It is the case of the petitioner that when the offer came to be given by the respondents for loading of the spaces in F-1 Compartment of train no.12616, the respondents offered Ex. Delhi Sarai Rohila instead of NDLS. It being not acceptable, the petitioner filed the petition in hand.

(3.) During the course of hearing, it is conceded to by Mr. Singh, ld. counsel for the respondents that e-tender prescribes Ex. NDLS and not Delhi Sarai Rohila. On the face of it, therefore, when petitioner participated on such specific offer in the e-tender, the petitioner cannot be faulted with. Mr. Singh on his part however, strenuously submits that there has been an error somewhere at the time of e-tendering inasmuch as, factually, the petitioner was to offer the lease space Ex. Delhi Sarai Rohila and not NDLS. Be that as it may, for that, the petitioner cannot be held responsible.