CALSTAR STEEL LTD. Vs. NORTH EASTERN RAILWAY

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India seeking following reliefs:- (a) Issue a writ, order or direction/declaration in the nature of mandamus or any other appropriate writ, order or direction for call of the records of the present case from the Respondents; and (b) Issue a writ, order or direction/declaration in the nature of mandamus or any other appropriate writ, order or direction directing that the Impugned Order dtd. 30/12/2021 [ANNEXURE NO.XXXIII] is wholly arbitrary, illegal and contrary to well established legal principles and being so also amount to a serious violation of the Fundamental Rights of the Petitioner No.2 and further direct the Respondents to forthwith amend the Agreement dtd. 5/9/2014 [ANNEXURE No.XV] to include with effect from the year 2016, land admeasuring 1122.59 sq. mtrs. in addition to 5414.40 sq. mtrs. Already allotted in terms of the Joint Inspection Report dtd. 4/4/2016 [ANNEXURE No.XX]; and (c) Issue a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction quashing the Impugned Order dtd. 30/12/2021 [ANNEXURE No.XXXIII] being wholly arbitrary, illegal and contrary to well established legal principles and amount to a serious violation of the Fundamental Rights of the Petitioner No.2; and (d) Award costs of the petition and Counsel's fee of the Petitioners. Perusal of the reliefs as sought in the present writ petition reveals that the petitioners are insisting for writ order or direction/declaration in nature of mandamus or any other appropriate writ order or declaring the order dtd. 30/12/2021 arbitrary, illegal as well as contrary well established legal principles and in violation of the fundamental rights of the petitioner no. 2 and to further direct the respondents herein to forthwith amend the agreement dtd. 5/9/2014 so as to include it w.e.f. the year 2016 ad-measuring 1122.59 square meters in addition to 5414.40 square meters already allotted in terms of Joint Inspector Report dtd. 4/4/2016.

(2.) As per the pleadings so set forth in the writ petition the petitioner no.1 claims itself to be a company engaged in manufacturing of PSC Sleepers for railways and registered with Government of India, Ministry of Micro, Small and Medium Enterprises as a MSME.

(3.) Petitioners have further pleaded that for the purposes of manufacturing Brand Gauge Monoblock Concrete Sleepers contract was executed on 27/4/1998 between the Railway Board on one hand and the petitioner no.1 on the other hand. It has further been pleaded that from time to time fresh contracts have been entered into on 31/12/2002, 14/12/2009 and 11/6/2019.