- (1.) Heard Shri Navin Sinha, learned Senior Counsel assisted by Shri Rakesh Kumar for the petitioners, Shri Govind Saran for the respondent Nos. 1 to 3 and Shri Ashok Kumar Srivastava for the respondent No.4.
(2.) By this petition, petitioners have prayed for quashing the order dated 17/4/2009, by which order the North Central Railway has accepted the tender of respondent No.4 for supplying stacking and loading into railway wagon/hoppers/K.C. wagon 60000 Cum machine crushed hard stone ballast 65 mm gauge at MNF depot under ADEN/NCR/MZP.
(3.) Brief facts necessary for deciding the writ petition are: Petitioner No. 1 is a registered partnership firm, registered on 18-8-2008. There are three partners in the firm namely, Vijay Kumar Vaish, son of Ramji Vaish having 40% share, Subhash Chandra Vaish, son of Kapoor Chand Vaish having 20% share and Ramji Vaish, son of Kapoor Chand Vaish having 40% share. Out of the aforesaid three partners, two partners namely Subhash Chandra Vaish and Ramji Vaish are also partners of another firm namely M/s.. Subhash Stone Product. Divisional Railway Manager, North Central Railway, Allahabad issued an advertisement dated 09/7/2008 inviting tender for the supply of stacking and loading in to railway wagon/hoppers/K.C. wagon 60000 Cum machine crushed hard stone ballast 65 mm gauge at MNF depot under ADEN/NCR/MZP for an amount of Rs.423 lacs. Petitioners as well as the respondent No.4 submitted their tenders for the aforesaid work. The rates quoted by the petitioners for the tender was Rs.911 per Cubic Meter. The respondent No.4 had quoted the rates of 945 per Cubic Meter which on negotiation was reduced up to 911.70 per cubic meter. The North Central Railway accepted the tender of the respondent No.4 and a letter dated 17-4-2009 (Annexure-8 to the writ petition) was issued in this regard. The petitioners have come up in this writ petition challenging the decision of the North Central Railway accepting the tender of the respondent No.4.;