Mainul Islam v. North East Frontier Railway and 6 Ors

ORDER Date : 24-03-2023 Heard Mr. R. Sarmah, learned counsel for the petitioner and Mr. K. Gogoi, learned Central Government Counsel for all the respondents.

¶2The subject-matter of this writ petition is an E-auction process held under the aegis of the respondent N.F. Railway authorities for scrap and other waste materials, pursuant to an E-auction notice. The E-auction was stated to have been held on 18.02.2022 under the respondent no. 5. The petitioner participated in the E-auction and emerged successful in respect of 4 [four] nos. of Lots. On being emerged as the successful bidder, the petitioner was issued the following Bid Sheets for lifting of auctioned items from locations under Page No.# 3/5 Lumding division :-

¶1Lot No. AB-PWAY-CON-JGJN-09-21-14 under Bid Sheet No. 39607257 dated 18.02.2022,

¶2Lot No. AB-PWAY-CON-JGJN-09-21-10 under Bid Sheet No. 39606105 dated 18.02.2022,

¶3Lot No. AB-PWAY-CON-JGJN-08-21-08 under Bid Sheet No. 39606107 dated 18.02.2022

¶4Lot No. AB-PWAY-CON-JGJN-08-21-03 under Bid Sheet No. 39606108 dated 18.02.2022

¶3After deposit of the requisite Balance Sale Values [BSVs] and completion of the requisite formalities for the Lots, the petitioner was issued 4 [four] nos. of Sale Release Orders [SROs] on 02.03.2022. It is not in dispute that as per the SROs, the Free Delivery Period [FDP] was up to 08.04.2022.

¶4It is projected on behalf of the petitioner that due to reasons beyond his control, he could not lift the auctioned scrap materials in respect of the afore-mentioned 4 [four] nos. of Lots prior to 08.04.2022. Envisaging the same, the petitioner submitted a representation before the respondent no. 5 on

07.04.2022 with a prayer to extend the delivery period for a further period of 60 [sixty] days with ground rent. The representation dated 07.04.2022 was followed by another representation of the petitioner submitted before the respondent no. 7 on 11.04.2022, wherein the petitioner had stated the reasons as to why he could not lift the auctioned scrap materials in time in respect of the 4 [four] nos. of Lots. By a communication bearing no. W/308/Con/D.P., the representation of the petitioner seeking extension of the delivery period, stood forwarded to the respondent no. 5 by the concerned authority on 28.04.2022 Page No.# 4/5 through e-office. When the matter rested in the same position despite elapse of sufficient time period and without any discernible action from the respondent N.F. Railway authorities, on the representations filed by the petitioner, the petitioner has approached this Court by this writ petition seeking inter alia a direction to the respondent authorities to extend the period of delivery/lifting of the scrap materials for the Lots in respect of which the petitioner has emerged as the successful bidder in the E-auction process.

¶5The learned counsel for the parties have, in unison, submitted that as the representations of the petitioner seeking extension of the delivery period are pending before the competent authority without consideration till date, the writ petition can be disposed of with a direction to the respondent authorities, more particularly, the respondent no. 4 in consultation with the respondent no. 5, to take the representations of the petitioner, dated 07.04.2022 and dated

11.04.2022, on board and after due consideration, to dispose of the same by passing a speaking order.

¶6As the learned counsel for the parties have arrived at a broad consensus in the afore-stated manner, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of with a direction to the respondent authorities, more particularly, the respondent no. 4 to take the afore-mentioned two representations of the petitioner on board for consideration and after due consideration of the grounds urged in the representations in consultation with the respondent no. 5, to dispose of the same by passing a speaking order within a period of 4 [four] weeks from the date of receipt of a certified copy of this order along with a copy of the writ petition with annexures. It is accordingly directed. It is, however, made clear Page No.# 5/5 that this Court has not made any observations as regards the merits of the claim of the petitioner and the respondent authorities shall consider the representations on its own merits and in accordance with law.

¶7This order disposes of the writ petition.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010169682022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5585/2022o MAINULoISLAMo PROPRIETORoOFoRAJIBoENTERPRISE,oRESIDENToOFoHOUSEoNO.o274,oNHo37, LACHIToNAGAR,oJALUKBARI,oGUWAHATIo-o781014,oDIST.oKAMRUPo(M),o ASSAM VERSUSo NORTHoEASToFRONTIERoRAILWAYoANDo6oORSo MALIGAON,oGUWAHATI,oREP.oBYoITSoGENERALoMANAGER,oN.F.oRAILWAYo HEADoQUARTER,oMALIGAON,oGUWAHATI-o781011 2:THEoGENERALoMANAGER oN.F.oRAILWAYoHEADoQUARTER oMALIGAON oGUWAHATIo-o781011 3:THEoCONTROLLERoOFoSTOREoN.F.oRAILWAY oHEADoQUARTERoGUWAHATI-o781011 oKAMRUPo(M) oASSAM 4:THEoPRINCIPALoCHIEFoMATERIALoMANAGER oN.F.oRAILWAYoHEADoQUARTER oGUWAHATI-781011 oKAMRUPo(M) oASSAM 5:THEoDEPUTYoCHIEFoMATERIALoMANAGER oN.F.oRAILWAY Page No.# 2/5 PANDU GUWAHATI - 781012 6:THE DIVISIONAL RAILWAY MANAGER LUMDING DIVISION N.F. RAILWAY LUMDING ASSAM PIN- 782447. 7:THE SENIOR SECTION ENGINEER PWAY CON. HJI N.F. RAILWAY HOJAI ASSAM PIN- 78243 Advocate for the Petitioner : MR J BORAH Advocate for the Respondent : SC, NF RLY BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY