BHASKAR BHATTACHARYA,J. - (1.) Bhaskar Bhattacharya, J. - This mandamus appeal is at the instance of the Railway Administration and is directed against the order dated 3rd March, 2005, passed by a learned Single Judge by which a writ application filed by the respondent Nos. 1 to 3 was allowed thereby directing the present appellant to accept the tender submitted by the respondent No. 1 for execution of the work mentioned in the tender-notice.
(2.) The present appellant called for a tender for construction of a foot over-bridge at Dasnagar Station. The writ petitioner No. 1 a partnership firm of which the writ petitioner Nos 2 and 3 were the partners, was one of the tenderers but it was unsuccessful and its tender was rejected on scrutiny as it could not fulfil the eligibility criteria. The Railway Authority, however, accepted the offer of one M/s. S.M. Construction who was the respondent No.8 in the writ application.
(3.) Being dissatisfied, the writ petitioner in the past preferred another writ application being W.P. No.2603 (W) of 2004 before this Court alleging that the Tender Committee illegally accepted the offer of the M/s. M. Construction without appreciating the better offer of the writ petitioner No.l and that the offer of the writ petitioner No.1 was admittedly lower than that of the offer made by the aforesaid respondent No.8. The writ petitioner Nos. 2 and 3 are husband and wife by relation.;