Gauhati High Court
Page No.# 1/6 vs The Union Of India And 7 Ors on 8 June, 2022
Page No.# 1/6
GAHC010096992022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/190/2022
M/S D.G. RAJ HIGHWAY SERVICES AND ANR.
A PARTNERSHIP FIRM HAVING ITS OFFICE AT 493/B/57, BUNGALOW NO.47
AND 48, GROUND FLOOR, G.T. ROAD (SOUTH), P.O. AND DIST. HOWRAH,
WEST BENGAL, PIN-711102.
2: DADAN PRASAD
S/O. LT. JAGANNATH PRASAD
(A PARTNER OF THE PETITIONER NO.1 FIRM)
R/O. 493/B/57
BUNGALOW NO.47 AND 48
FIRST FLOOR
G.T. ROAD (SOUTH)
HOWRAH
P.O. AND DIST. HOWRAH
WEST BENGAL
PIN-711102. (BOTH PETITIONER ARE REP. BY THEIR POWER OF
ATTORNEY HOLDER
SHRI NIRAJ KUMAR RAO
S/O. SHRI DINANATH RAO
PERMANENT RESIDING AT-493/B/57
BUNGALOW NO. 47 AND 48
GT ROAD
BIKRAM BIHAR
OPPOSITE JAIN HOSPITAL
P.O. AND DIST. HOWRAH
WEST BENGAL
PIN-711102)
VERSUS
THE UNION OF INDIA AND 7 ORS.
REP. BY THE GENERAL MANAGER, NORTHEAST FRONTIER RAILWAY
MALIGAON, GUWAHATI, ASSAM, PIN-781011.
Page No.# 2/6
2:THE RAILWAY BOARD
REP. BY THE SECRETARY
MINISTRY OF RAILWAYS
GOVT. OF INDIA
RAIL BHAWAN
NEW DELHI-110001.
3:THE GENERAL MANAGER
NORTHEAST FRONTIER RAILWAY MALIGAON
GUWAHATI
ASSAM
PIN-781011.
4:THE PRINCIPAL CHIEF COMMERCIAL MANAGER
NORTHEAST FRONTIER RAILWAY MALIGAON
GUWAHATI
ASSAM
PIN-781011.
5:THE CHIEF COMMERCIAL MANAGER (FM)
NORTHEAST FRONTIER RAILWAY
MALIGAON
GUWAHATI
ASSAM
PIN-781011.
6:THE SENIOR DIVISIONAL COMMERCIAL MANAGER
TINSUKIA DIVISION
NORTH EAST FRONTIER RAILWAY
TINSUKIA
DIST. TINSUKIA
ASSAM
PIN-786125.
7:THE DIVISIONAL RAILWAY MANAGER
TINSUKIA DIVISION
NORTH EAST FRONTIER RAILWAY
TINSUKIA
DIST. TINSUKIA
ASSAM
PIN-786125.
Page No.# 3/6
8:THE ADDL. DIVISIONAL RAILWAY MANAGER
TINSUKIA DIVISION
NORTH EAST FRONTIER RAILWAY
TINSUKIA
DIST. TINSUKIA
ASSAM
PIN-786125
Advocate for the Petitioner : MR. P D NAIR
Advocate for the Respondent : SC, NF RLY
Linked Case : I.A.(Civil)/1551/2022
M/S D.G. RAJ HIGHWAY SERVICES AND ANR.
A PARTNERSHIP FIRM HAVING ITS OFFICE AT 493/B/57
BUNGALOW NO.47 AND 48
GROUND FLOOR
G.T. ROAD (SOUTH)
P.O. AND DIST. HOWRAH
WEST BENGAL
PIN-711102.
2: DADAN PRASAD
S/O. LT. JAGANNATH PRASAD
(A PARTNER OF THE PETITIONER NO.1 FIRM)
R/O. 493/B/57
BUNGALOW NO.47 AND 48
FIRST FLOOR
G.T. ROAD (SOUTH)
HOWRAH
P.O. AND DIST. HOWRAH
WEST BENGAL
PIN-711102. (BOTH PETITIONER ARE REP. BY THEIR POWER OF ATTORNEY
HOLDER
SHRI NIRAJ KUMAR RAO
S/O. SHRI DINANATH RAO
PERMANENT RESIDING AT-493/B/57
BUNGALOW NO. 47 AND 48
GT ROAD
BIKRAM BIHAR
OPPOSITE JAIN HOSPITAL
Page No.# 4/6
P.O. AND DIST. HOWRAH
WEST BENGAL
PIN-711102).
VERSUS
THE UNION OF INDIA AND 7 ORS.
REP. BY THE GENERAL MANAGER
NORTHEAST FRONTIER RAILWAY MALIGAON
GUWAHATI
ASSAM
PIN-781011.
2:THE RAILWAY BOARD
REP. BY THE SECRETARY
MINISTRY OF RAILWAYS
GOVT. OF INDIA
RAIL BHAWAN
NEW DELHI-110001.
3:THE GENERAL MANAGER
NORTHEAST FRONTIER RAILWAY MALIGAON
GUWAHATI
ASSAM
PIN-781011.
4:THE PRINCIPAL CHIEF COMMERCIAL MANAGER
NORTHEAST FRONTIER RAILWAY MALIGAON
GUWAHATI
ASSAM
PIN-781011.
5:THE CHIEF COMMERCIAL MANAGER (FM)
NORTHEAST FRONTIER RAILWAY
MALIGAON
GUWAHATI
ASSAM
PIN-781011.
6:THE SENIOR DIVISIONAL COMMERCIAL MANAGER
TINSUKIA DIVISION
NORTH EAST FRONTIER RAILWAY
TINSUKIA
DIST. TINSUKIA
ASSAM
PIN-786125.
7:THE DIVISIONAL RAILWAY MANAGER
Page No.# 5/6
TINSUKIA DIVISION
NORTH EAST FRONTIER RAILWAY
TINSUKIA
DIST. TINSUKIA
ASSAM
PIN-786125.
8:THE ADDL. DIVISIONAL RAILWAY MANAGER
TINSUKIA DIVISION
NORTH EAST FRONTIER RAILWAY
TINSUKIA
DIST. TINSUKIA
ASSAM
PIN-786125.
------------
Advocate for : MR. P D NAIR
Advocate for : SC
NF RLY appearing for THE UNION OF INDIA AND 7 ORS.
BEFORE
HON'BLE THE CHIEF JUSTICE(ACTING)
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 08.06.2022
Heard Mr. D. Das, learned senior counsel, appearing for the writ appellants.
Also heard Mr. K. Gogoi, learned Standing counsel, N.F. Railway, appearing for the
respondents.
The appeal is admitted for hearing.
It is submitted by Mr. K. Gogoi, learned Standing counsel, N.F. Railway, that the
tender, which had been floated earlier, has been discharged and a fresh tender is
going be floated. However, it may take about a month for the appropriate authority to
finalise the same.
We have also taken note of the observation made by the learned Single Judge in
paragraph 26 of the impugned judgment and order dated 21.04.2022 that because of
the non-performance of the contract by the writ appellant which led to cancellation of
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the contract, the Railways is incurring loss to the tune Rs. 42,80,400/- per month.
Thus, the Railways will continue to incur this loss till the tender is finalised by the
Railways.
Under this circumstance, since we have already admitted this matter for
hearing, which will come up for final hearing on 21.07.2022, in the meantime, as the
appellant was found to be the highest tenderer and since the appellant is now willing
to undertake the contract work till the matter is finally decided by this Court, we are of
the considered opinion that in order to avoid incurring continued loss by the Railways,
as mentioned in the impugned judgement and order, let the writ appellant be allowed
to undertake the contract work during the interregnum period. However, we also make
it clear that is purely a provisional arrangement and that if the appeal is dismissed on
the ground of it being devoid of merit then the writ appellant shall cease to perform
the contract work with immediate effect, which is allowed to be undertaken by this
interim order.
In the meantime, the railway authority will be at liberty to proceed with floating
of fresh tender but the same shall not be finalised without leave of this Court.
List the matter again on 21.07.2022.
JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant
