The Union Of India vs Ram Naresh Rai
2022 Latest Caselaw 4786 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Letters Patent Appeal No.606 of 2021
                                    In
              Civil Writ Jurisdiction Case No.5706 of 2020
======================================================

The Union of India & Ors.

... ... Appellant/s Versus Ram Naresh Rai

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anshuman Singh, Advocate Dr. Anand Kumar, Advocate For the Respondent/s : Mr.Surendra Kishore Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 05-12-2022

Heard Mr. Anshuman Singh, learned counsel

for the Union of India who seeks to assail the order

dated 20.09.2021 passed by the learned Single Judge in

CWJC No. 5706 of 2020, whereby the decision of the

Railway authorities, particularly one dated 19 th of March

2020, issued under the signature of Zonal Manager

Eastern Railway Company, Sonepur, cancelling the

tender agreement with the sole respondent, has been set

aside.

It appears from the records that a notice Patna High Court L.P.A No.606 of 2021 dt.05-12-2022

inviting offer for Tahbazari at Shahpur-Patoree Railway

Station was issued in which the respondent was declared

to be the highest bidder and an agreement was

concluded with him. The respondent started collecting

rent under his Tahbazari rights. However, on complaints

of the local persons that the respondent had been

making the place dirty, an enquiry was conducted in

which the complaints were found to be correct. This led

to termination of the contract.

Mr. Singh, learned counsel for the

appellant/Union of India has submitted that long before

there was a proscription for permitting railway land for

Tahbazari rights. The officer of the Railway

Administration who had issued the advertisement,

seeking offers from various contenders, has been put to

departmental proceeding.

The learned Single Judge set aside such

decision on three grounds, viz., (i) that the agreement

was concluded after following the due procedure; (ii) the Patna High Court L.P.A No.606 of 2021 dt.05-12-2022

enquiry against the respondent was conducted behind his

back and (iii) lastly that the order terminating the

agreement was passed without serving notice upon the

respondent.

These are good grounds to hold the decision

of the Railway Administration, cancelling the agreement,

to be bad in the eyes of law.

We find that the decision of the learned

Single Judge is absolutely justified under the

circumstances.

There is no merit in this appeal, which is

dismissed accordingly.

(Ashutosh Kumar, J)

(Nawneet Kumar Pandey, J)

SONALI/HR/-

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Uploading Date                 09.12.2022
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