Patna High Court
Mercury (International) Pvt. Ltd vs The Union Of India on 30 April, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14659 of 2023
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Mercury (International) Pvt. Ltd. having its Registered Office at No. 929, 9th
Floor, IJMIMA Complex, Mind Space, Off Link Road, Malad (West Mumbai
400064, through its Technical Head and Authorized Signatory Ashwini
Kumar Dwivedi, Son of Late B.D. Dwivedi, aged about 61 Years, Male,
Resident of MIG-12, Surya Bihar, Khyora Nawab Ganj, P.S. Nawab Ganj,
Kanpur - 208002 (U.P.).
... ... Petitioner/s
Versus
1. The Union of India through the General Manager, East Central Railway,
E.C. Railway (H.Q.), Hajipur, District - Vaishali, Bihar.
2. The Principal Executive Director/Vigilance, Railway Board, Rail Bhawan,
New Delhi.
3. The Divisional Railway Manager (Engineering), East Central Railway,
Sonpur Division, Bihar.
4. The Divisional Engineer (Head Quarter), East Central Railway, DRM
Office, Danapur, Bihar.
5. The Chief Vigilance Officer, E.C. Railway (H.Q.), Hazipur, District Vaishali,
Bihar.
6. M/s. Hydrapure Technologies Pvt. Ltd., 33A, Jawahar Lal Nehru Road, 5th
floor, Suit No.7, Kolkata - 700071, West Bengal.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan, Advocate
For the Respondents/Railways : Mr. Satyabir Bharti, Advocate
Ms. Kanupriya, Advocate
Mr. Abhishek Anand, Advocate
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Patna High Court CWJC No.14659 of 2023 dt.30-04-2025
2/4
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 30-04-2025
Heard Mr. Prabhat Ranjan, the learned
Advocate for the petitioner and Mr. Satyabir Bharti, the
learned counsel for the respondents/Railways.
2. A peculiar prayer has been made in the
writ petition.
3. In a tender floated by the
respondents/Railways in 2018, the contract was awarded
to the writ petitioner in the year 2019. Respondent No. 6
had also participated in the bid/tender. However, only
the petitioner was chosen as the successful candidate,
who was awarded the contract.
4. This writ petition has been filed in the
year 2023, seeking a direction to the
respondents/Railways to take action against respondent
No. 6 or at least respond to the representations filed by
Patna High Court CWJC No.14659 of 2023 dt.30-04-2025
him by issuing an order of debarment of respondent No. 6
for having filed forged and fabricated documents
regarding his eligibility for participating in the tender.
5. We fail to understand as to how it would
be the look-out of the writ petitioner for him to seek such
relief.
having filed forged and fabricated certificates regarding
his eligibility, the award was not given to him. It was for
the respondents/Railways to have taken a decision with
respect to taking any action against respondent No. 6.
Any action against respondent No. 6 cannot be initiated at
the instance of the petitioner.
7. It is a misconceived writ petition and we
are of the considered opinion that cost should be imposed
on the petitioner.
8. We, thus, impose a cost of Rs. 1,000/-
on the petitioner, to be deposited with the Bihar State
Legal Services Authority within a period of four weeks
Patna High Court CWJC No.14659 of 2023 dt.30-04-2025
from today.
9. The writ petition stands dismissed.
10. Interlocutory application (s), if any, also
stands disposed off.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 01.05.2025
Transmission Date N/A
