JAYANTA KUMAR BISWAS,J. - (1.) The petitioner in this WP under Article 226 dated December 15,2011 is seeking the following principal relief: "a) a writ of and/or in the nature of mandamus commanding the respondents their agents, men, subordinate, Superior, Successor in office to forbear from giving any effect or further effect to the impugned memo dated 18.11.2011 being annexure 'P-14' to this petition and to rescind, withdraw and cancel the same and further commanding the said respondents to allow the petitioner to lift the materials of the subject lot no.0851420811, 0851430811 and 0851440811 in reference to sale order no. 08/2/09/11/044 dated 15.09.2011 purchased in auction held on 30.08.2011 by extending the delivery period without ground rent for a further period of 15 days."
(2.) Eastern Railway put out certain materials to auction sale. The petitioner participated and emerged successful. According to the terms and conditions of the bid-sheet, the General Conditions of Sale by Auction and the conditions laid down in the printed catalogue were to apply to the sale. The delivery period mentioned in the bid-sheet dated August 30, 2011(at p.27) was October 18, 2011.
(3.) The General Conditions of Sale by Auction in their clause 23 provide that in the event of any question, dispute or difference arising under the conditions or in connection with the contract (except as to any matter decision of which is specifically provided for by the conditions), it shall be referred to the arbitrator to be appointed by the General Manager of the Railway concerned.;