- (1.) When these cases are taken up, Mr. Mahesh Tewari, learned counsel appearing on behalf of the East Central Railway, Dhanbad Division submitted that the respondent-writ petitioner [W.P(C) No. 6389/2007] had obtained the order dated 15.4.08 from this Court without disclosing the fact that the tender in respect of the parking space in front of Dhanbad Railway Station was advertised long back in the month of January 2008 and the same was finalized before the order dated 15.4.08 was passed in W.P(C) No. 6389/2007. The Railway, who was the respondent in the said writ petition, on the basis of that suppression of fact by the writ petitioner, has sought review of the order dated 15.4.08 of this Court.
(2.) Learned counsel appearing on behalf of M/S S. B. Enterprise, Asansol [petitioner in Cont. Case (Civil) No. 481/2008 as also in W.P(C) No. 6389/2007], submitted that he had no knowledge about the advertisement of the tender in January 2008 and the finalization of the process before the order dated 15.4.08 was passed by this Court. It was not suppression. It was not brought to the notice of this Court due to want of knowledge regarding the same. The writ petitioner is a resident of Asansole (West Bengal) and the subject matter of the said writ petition was Railway Station, Dhanbad and as such he had no occasion to know about the said advertisement. However, on the ground of non-disclosure of the said fact, he does not press this contempt application.
(3.) In view of the above, learned counsel appearing on behalf of the East Central Railway, Dhanbad Division submitted that no further order is required to be passed. Considering the above, this Court does not proceed with the contempt case, any further. The contempt proceeding is dropped.;