DHARAMVEER SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging letter no. C/374/BPU/ Lease/Sone/2010 dated 14.7.2011 by which the Divisional Commercial Manager, East Central Railway, Sonepur cancelled the tender for round trip leasing of 23 tonnes parcel van of train number 12553/12554 to the petitioner who was the highest bidder.

(2.) Learned counsel for the petitioner submitted that the petitioner had been a Category-'A' lease-holder on Sonepur Division of East Central Railway having his office at Muzaffarpur and a Certificate of Registration dated 10.5.2010 had been issued to the petitioner by the railway authorities. He further stated that a Notice Inviting Tender was published in the daily newspaper "Dainik Jagran", Muzaffarpur dated 1.2.2011 by which tenders for round trip leasing of 23 tonnes parcel vans of several trains including train number 12553/12554 bound to run between Barauni-New Delhi for three years had been invited from registered category-'A' lease-holders.

(3.) Learned counsel for the petitioner further stated that petitioner filed his tender within time and when tenders were opened he was found to be the highest bidder for the said category. It is also averred that the highest bidders for other trains received Letter of Acceptance of their bids in July, 2011 but the authorities concerned sent letter dated 14.7.2011 informing the petitioner that his tender with respect to the aforesaid train number 12553/12554 was cancelled and he was directed to appear for getting back his earnest money. Learned counsel for the petitioner claimed that the said treatment with petitioner, who was the highest bidder, was absolutely unjust and amounted to arbitrary exercise of power.