S.B. Sinha, ACJ. - (1.) This appeal is directed against a judgment and order dated 18.11.1996 passed by a learned Single Judge of this Court in C.O. No. 18322(W) of 1996 whereby and whereunder the writ application filed by the respondent herein was allowed.
(2.) Bereft of all unnecessary details the fact of the matter is as follows:- An auction was held by the Eastern Railway Administration in respect of various items in lots and lying in identified locations mentioned in the auction catalogue which are at pages 33 to 56 of the Paper Book which included C.S.T.-9 plates and C.S.T-9 sleepers Grade-II. The bid of the writ petitioner-respondent having been found to be highest, the same was accepted. However, a dispute arose as to whether the description of seven lots had erroneously been shown as C.S.T.-9 plates in stead and place of C.S.T.-9 sleepers, Grade-II. Joint Inspectors were made for the said purpose. The writ petitioner also made representations. However, as according to the respondent No. 1 he found that the seven lots were being interfered with and his grievance had not been made, a writ application was filed by him and Banerjee, J. by a judgement and order dated 6th May, 1996 directed the respondent to file a representation and the same was directed to be considered by the appellant in accordance with the law and rules and regulations prevailing in that regard within a period of six weeks from the date of making such representation in the manner decided in similar cases.
(3.) Pursuant to the said direction a representation was made on 14th May, 1996 and by an order dated 16th May, 1996 the claim of the respondent was upheld stating:- "Accordingly, the case was representated by Mr. Anil Kr. Chowdhury, Advocate on petitioner's side on 24.5.96 before Mr. R.L. Das, CMM/BI (Sales). The said representation were as under:- (i) The rectification of description in the bid sheet as per catalogue i.e. instead of Gr. II, Gr. II, C.S.T.-9 plates as per bid sheet to be read as C.S.T.-9 sleepers Gr. II as per catalogue. (ii) Delivery of materials should be offered by the Railway Administration to the petitioner as per terms and conditions of the auction sale.";