RAM NARESH RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned senior counsel appearing for the petitioner and learned senior counsel for the Railways.

(2.) The petitioner has filed the instant writ application for the following reliefs:

(3.) The case of the petitioner in brief is that a ten- der notice dtd. 5/8/2019 was issued under the signature of the Assistant Engineer Line, Sonpur inviting candidates to partici- pate in an open tender for holding the Tahbazari fixing the date and place for open tender, for a period of two years. The peti- tioner being interested participated in the open tender and was declared the highest bidder. He was selected and directed to de- posit the earnest amount. Accordingly the petitioner deposited the earnest amount and the deed of agreement was entered into between the Railways and the petitioner. A letter dtd. 20/12/2019 was issued under the signature of the Assistant Zonal Engineer Line, Sonpur informing the Station Master con- cerned that the petitioner being the highest bidder with the bid amount of Rs.75,01,000.00, an agreement has been entered into on 18/12/2019. Information was given to all that for the period from 1/1/2020 to 31/12/2022, the petitioner has the right for holding Tahbazari over the vacant land of the Railways as de- scribed therein in Shahpur Patoree. All concerned were directed to cooperate with the petitioner in his holding the Tahbazari over the land in question. It is the case of the petitioner that pur- suant to the direction he deposited a sum of Rs.16.30 lacs, how- ever, only a few months later a letter dated 19.32020 was issued under the signature of the Divisional Rail Manager (Engineer- ing), Sonpur, cancelling the right of Tahbazari of the petitioner, the cancellation coming in effect w.e.f. 19/2/2020. It is against this order of cancellation of holding of Tahbazari by the peti- tioner which is under challenge in this writ application.