Pankaj Kumar Dhandhaniya v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12597 of 2022 ====================================================== Pankaj Kumar Dhandhaniya S/o Late Bhawani Shankar Dhandhaniya Resident of Bengali Tola, Ward No. 25, P.S.- Town, District- Samastipur, Proprietor of M/s. Shree Bhawani Steels, Bengali Tola, Samastipur. ... ... Petitioner/s

Versus

1.

The Union of India through Department of Railways, Rail Bhawan, Raisina Road, Connaught Place, New Delhi- 110001.

2.

The Senior Divisional Material Manager, Eastern Central Railway, Danapur, Patna.

3.

The Divisional Railway Manager, Eastern Central Railway, Danapur, Patna. 4.

The General Manager, Eastern Central Railway Hajipur. 5.

The Principal Chief Material Manager, Eastern Central Railway, Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Dr. K. N. Singh (ASG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10-11-2022 Petitioner has prayed for the following relief(s):- "i. For issuance of an appropriate Writ in the nature of certiorari for quashing the order as contained in number Sr.DMM/DNR/Sale/ 2902331021, Sr.DMM/DNR/Sale/ 2902371121, Sr. DMM / DNR /Sale / 2902361121, all dated 23rd of June 2022 issued under the signature of Senior Divisional Manager, Danapur of East Central Railway by which it has been communicated and informed to the Petitioner that the purchased subject lots in e-auction dated 24th of November 2021 are forfeited.

Patna High Court CWJC No.12597 of 2022(3) dt.10-11-2022 2/3 ii. For issuance of an appropriate Writ in the nature of certiorari for quashing the order as contained in number Sr.DMM/DNR/Sale/ 2902331021, Sr.DMM/DNR/Sale/2902371121, Sr. DMM / DNR /Sale / 2902361121, all dated 27th of June 2022 issued under the signature of Senior Divisional Material Manager, Danapur of East Central Railway by which it has been communicated and informed to the Petitioner that the request of the Petitioner for extension of time for delivery (DP) is not being considered. iii. For issuance of an appropriate Writ in the nature of certiorari for quashing the order as contained in number Sr.DMM/DNR/Sale/ 2902331021, Sr.DMM/DNR/Sale/2902371121, Sr. DMM / DNR /Sale / 2902361121, all dated 24th of May 2022 issued under the signature of Senior Divisional Material Manager, Danapur of East Central Railway by which it has been communicated and informed to the Petitioner that the purchased subject lots in e-auction dated 24.11.2021 is being forfeited.

iv. For issuance of an appropriate writ in the nature of Mandamus commanding the Respondents to handover the Purchased subject lot in e-auction dated 24th of November 2021 for which the entire amount as per the finalization of Bid has already been deposited.

v. For issuance of an appropriate Writ holding and declaring the entire exercise of the Respondents in forfeiting the Purchased subject lot to be wholly arbitrary, illegal, malafide and biased.

vi. For issuance of an appropriate writ in the

Patna High Court CWJC No.12597 of 2022(3) dt.10-11-2022 3/3 nature of Mandamus commanding the Respondents to compensate the Petitioner by giving interest on the amount as being deposited by the petitioner after the E- auction as the delivery of materials as purchased by the petitioner through e-auction has not been given by the authorities of the Railways for the latches on their part.

vii. For any other relief/s for which the petitioner is entitled in the eye of law and in the facts and circumstances of the case."

On 02.09.2022, we had passed the following order:- "Despite repeated calls, none has entered appearance on behalf of the petitioner.

Learned counsel for the respondent/s is/are present.

List on 9th September, 2022."

Even today, despite repeated calls, none has entered appearance on behalf of the petitioner. As such, present petition stands dismissed for non-prosecution.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Bibhash/Sujit U