Swapan Dutta v. The Union of India and 4 Ors

ORDER Date : 03.01.2024

¶1The instant writ petition was filed by the Petitioner challenging the communication dated 16.03.2020 wherein the Respondent No.4 was allotted the Milk Stall at North Lakhimpur Station and for a direction upon the Respondent Authorities to allot the VIP Amul Store at North Lakhimpur Station in favour of the Petitioner.

¶2It is apparent from a perusal of the affidavit-in-opposition filed by the Respondent Nos. 1, 2 and 3 that in terms with the Catering Policy of the Respondent Railways of the year 2017, an open tender was invited vide NIT No. C/56/RNY/Catg./Milk stall/2019/1 dated 06.12.2019 through www.ireps.gov.in web portal and the said tender was opened on 31.12.2019. The Petitioner did not participate in the said tender process. The Respondent Authorities after taking note of the tender of the Respondent No.4 and finding it to be suitable has awarded Letter of Acceptance/License in favour of the Respondent No.4 vide the communication dated 16.03.2020. Taking into account that the Respondent No.4 was awarded the Letter of Acceptance/License dated

16.03.2020 in pursuance to a tender process wherein the Petitioner did not participate, the question of interfering with the Letter of Acceptance/License Page No.# 3/3 dated 16.03.2020 in favour of the Respondent No.4 does not arise.

¶3Further to that, it is also relevant to observe that as per the Catering Policy of 2017, allotment of license can only be given by way of tender and as such the question of issuance of a direction upon the Respondent authorities to grant allotment to the Petitioner on the basis of a representation also does not arise.

¶4Consequently, this Court therefore does not find any merit for which the instant writ petition stands dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010039322021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1539/2021o SWAPANoDUTTAo S/O-oSRIoAMARENDRAoDUTTA,oR/O-oWARDoNO.2,oLAKHIMPURoRAILWAYo COLONY,oP.O.oLAKHIMPUR,oPIN-o787001,oDIST.-oLAKHIMPUR,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo4oORSo REP.oBYoTHEoCHIEFoCOMMERCIALoMANAGER,oTCoANDoCATG.o N.F.RAILWAY,oMALIGAON,oGHY-11 2:THEoDIVISIONALoRAILWAYoMANAGER oOFFICEoOFoTHEoDIVISIONALoMANAGER oRANGIAoDIVISION oRANGIA oASSAM oPIN-o781354 3:THEoDIVISIONALoCOMMERCIALoMANAGER oN.F.RAILWAY oRANGIA oASSAM oPIN-o781354 4:RAMoKISHOREoROY o30oBHUBANESWARIoCOLONY oBHUBANESWARoKHODRA oODDISHA oPIN-o751006 5:UNIONoOFoINDIA oREPRESENTEDoBYoTHEoGENERALoMANAGER oNFoRAILWAY Page No.# 2/3 MALIGAON GUWAHATI-78101 For the Petitioner(s) : Mrs. B. Talukdar, Advocate For the Respondent(s) : Mr. B. Sarma, SC, Railway Department BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH