RAM BABU CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) These four intra-court appeals being interconnected and interlinked were heard analogously and disposed of by a singular order.

(2.) Be it noted, LPA No. 765/2009 and LPA No. 766/2009 have been preferred by one Ram Babu Choudhary, the private respondent in CWJC No. 3647/ 2009* and CWJC No. 4685/2009*. LPA No. 784/2009 and LPA No. 789/2009 have been preferred by Railway Administration which is also dissatisfied with the order passed in the writ petitions.

(3.) Sans unnecessary details, the facts which are requisite to be exposited are that Umesh Kumar Paswan and Vijay Kumar Anand invoked the jurisdiction of this Court under Article 226 of the Constitution of India forming the subject matter of CWJC No. 3647/2009* and CWJC No. 4685/2009* respectively challenging the communications dated 9.3.2009 and 12.3.2009 of the Divisional Rail Manager (Commercial), Samastipur by which said Ram Babu Choudhary was selected for settlement of Cycle-cum-Scooter Stand and Taxi Stand respectively at Darbhanga Railway Station for the purpose of collecting parking fees for a period of three years commencing 1st April, 2009. In October, 2008, the Railway Administration issued Notice inviting tenders for settlement of Cycle-cum-Scooter Stand and Taxi Stand at Darbhanga Railway Station fixing the reserved price at Rs. 3,12,075/- and Rs. 7,80,000/- for Cycle-cum-Scooter Stand and Taxi Stand respectively. Tenders were required to be filed separately for each of the places and certain procedures were prescribed for filing tenders. Tenders were to be filed between 10.00 A.M. to 12.00 Noon on 23.3.2008. Petitioner Umesh Kumar Paswan, who was earlier a licensee for Taxi Stand purchased tender form and made all arrangements including purchase of Bank Draft, but he was cornered by the private respondent, Ram Babu Choudhary and his associates as a consequence of which he could not participate in the tender. He submitted representation to the Railway authorities making allegations in the said regard, but when no response was shown, he visited this Court by filing CWJC No. 2104/2009 for annulment of the tender. It was averred in the writ petition that there was only singular tender filed by said Ram Babu Choudhary which had been accepted. This Court directed the Railway Administration to consider the facts from all spectrums keeping in view the concept of healthy competition. Said Umesh Kumar Paswan submitted a representation in pursuance of the order passed by this Court, but the Railway Administration stood embedded in its stand that the tender process has been fair and transparent.