DEBASISH KAR GUPTA , J. - (1.) THE first writ application bearing WP No.11431 (W) of 2013 is filed by the petitioners for issuing a writ in the nature of mandamus directing the respondent authorities to allow the petitioners to commence operation in respect of lease of FSLR no.1 (4 tonnes) Train no.15959 Up Kamrup Express on the basis of the communication issued by the Assistant Commercial Manager/I for and on behalf of the respondent no.2 under memo. no. COM/CF/Leasing/SLR/5959/17.3.2009 dated March, 2009, in connection with tender notice dated February 16, 2009 (hereinafter referred to as the said tender notice, 2009).
(2.) THE second writ application is filed by the petitioners to set aside the tender notice no. COM/CF/Leasing/CLP/OT/14/02 fixing date of opening on January 27, 2015 (hereinafter referred to as the impugned notice) is issued by the respondent authority so far as the leasing of FSLR I (4 tonnes),amongst others, in train no.15959 Up Kamrup Express.
(3.) CONSIDERING the aforesaid issues involved in the aforesaid writ applications, the same are taken up for analogous hearing. The backdrop of the aforesaid cases are as follows: - The said tender notice, 2009 was issued by the respondent authority for leasing of FSLR (containing space of 4 tonnes) in the above train. On March 16, 2009, the petitioners submitted tender documents in response to the said tender notice, 2009 quoting a rate of Rs.23,293/ - per single trip for operation in 7 days a week on March 17, 2009. The tender documents submitted by the participants were opened. The rate offered by the petitioners happened to be highest rate. After negotiation and exchanging series of communications, the respondent authority made an offer to the petitioners by a communication dated November 14, 2014 allowing the petitioners for operation in respect of one compartment of the FSLR under reference till November 16, 2012. The petitioners gave reply to the above offer by a communication dated November 15, 2012.;