Tapabrata Chakraborty, J. - (1.) The present writ petition has been preferred challenging inter alia a letter dated 21st January, 2018 issued by the respondent no.3 cancelling the lot no. KGPM 1718-4005/7204 of 20 numbers of anvil blocks (in short, the said lot) sold to M/s. Sagar Traders on 6th December, 2017.
(2.) Mr. Chowdhury, learned advocate appearing for the petitioner submits that the petitioner is the proprietor of a firm, namely, M/s. Sagar Traders and conducts a business of iron and steel scrap materials. The authorities of South-Eastern Railway scheduled an E-auction on 6th December, 2017 for sale of the said lot, catalogue Sl no. B2 comprising of 20 numbers of condemned scrap anvil block of hammer off sizes labelled on 'as is where is basis' and also subject to the conditions: (i) 80 days FDP shall be applicable for this lot as a special case due to involvement of digging, cutting and dismantling of anvils (ii) loading will be done by purchasers own arrangement. The petitioner paid 10% of sale value as earnest money deposit and inspected the lot and offered the highest bid. Such bid was accepted and accordingly, the petitioner paid the full consideration money of Rs.9 lakhs and the delivery/sale release order was issued on 22nd December, 2017. Thereafter, on 5th January, 2018 the petitioner deputed rented J.C.B. and other mechanical instruments with twenty labourers and started digging, cutting and dismantling of the anvils comprised in the said lot sold to him and 5 numbers of anvils were made ready for lifting. By a letter dated 18th January, 2018 the petitioner's firm was requested to weigh the empty lorry/truck at the time of entry and loaded lorry/truck after loading. But on 19th January, 2018 when the petitioner deputed one truck, the respondents did not permit the petitioner to load the said goods and to take delivery. By a letter dated 20th January, 2018, the petitioner requested the respondents to fix a delivery programme and to permit the petitioner to take delivery of the goods but with no effect. As such, the petitioner issued a letter dated 22nd January, 2018 through his learned advocate and a further letter dated 29th January, 2018. Thereafter, on 30th January, 2018 the petitioner was served with a letter dated 21st January, 2018 issued by the respondent no.3 stating that there is a dispute in the quantity of the lot in MT which was noticed after digging and dismantling of first few anvils and therefore the said lot sold on 6th December, 2017 to M/s Sagar Traders, Howrah is cancelled on administrative ground.
(3.) Drawing the attention of this Court to the auction catalogue and the material description of the said lot, he submits that 20 numbers of condemned scrap anvil block of hammer off sizes were labelled and described "as in the Lot" lying in different places of SSE-05/Smithy Shop No.5 to be disposed of on 'as is where is basis'. There was no dispute as regards quantification of the said lot but in the impugned letter of cancellation a weight criterion was illegally introduced by stating that the anvil blocks weighed approximately 48.5 MT.;