Citation: CWJC No.5556 of 2023
Decided On: 01-11-2023
Coram: Honourable Mr. Justice P. B. Bajanthri And Honourable Mr. Justice Arun Kumar Jha
Introduction:
In the instant writ petition the petitioner has prayed for the following reliefs:-
- To issue a writ in the nature of writ of certiorari to quash and cancel the result of the bid held on 10.03.2023 at 11:00 A.M. 11.50 A.M. (Annexure-3) for settlement of parking stand of scootere/motorcycle, car/other four wheelers, auto (vikaram), auto (bajaj) at south side karbigahiya of Patna Junction Railway Station for 3 years in favour of M/s Maruti Foundation.
- To quash and cancel all other action or actions, order or orders agreement if any executed in favour of Respondent in continuation or in relation to the aforementioned settlement being arbitrary, illegal, malafide and violative of Article 14 of the Constitution of India.
Facts:
Petitioner and eight respondents alongwith others participated in bid for settlement of parking stand of Scooter/Motorcycle, Car/other four wheelers, auto (Vikaram), auto (Bajaj) at south side Karbigahiya of Patna Junction Railway Station for a period of three years.
Learned counsel for the petitioner submitted that there is an arbitrary decisions on behalf of the respondents in so far as the acceptance of bid with reference to the timing on 10.03.2023. Prima facie, it is too technical and the same cannot be adjudicated under Article 226. The concerned authority/competent authority has failed to take any decision either accepting or rejecting the petitioner’s claim.
Court’s Analysis and Judgement:
It is also submitted that in not awarding contract to the petitioner with reference to his bid, the respondent railway authorities have already put themselves into loss. These are all the materials information which is required to be taken note of by the competent authority before deciding the petitioner’s grievance dated 13.03.2023 and 20.03.2023.
The concerned authorities is directed to pass a detailed speaking order on the grievance of the petitioner and communicate the same to the petitioner within a period of one month. With that direction the writ is disposed by the court.
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Written By : Sushant Kumar Sharma
