Disposed

M/S Shyam Sundar Mukesh Kumar v. the Union of India and 5 Ors.

Gauhati HC3 Mar 2021WP(C)/476/2021

Case brief

AI extract

What is this about?

Petitioner won an auction for railway scrape materials but failed to take delivery due to delays. Court set aside default claims and directed respondents to act on a representation within 15 days to extend the delivery period.

What did the court decide?

Direction to dispose of representation dated 20.05.2019 within 15 days. Petitioner at liberty to file fresh representation.

M/S Shyam Sundar Mukesh Kumar Vs the Union of India… — Service and Employment | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010011782021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/476/2021

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M/S SHYAM SUNDAR MUKESH KUMAR

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REPRESENTED BY ITS PARTNER MR.MUKESH KUMAR SHARMA, AGED ABOUT 70 YEARS, JYOTIKUCHI, LAKHRA ROAD, GUWAHATI, KAMRUP (M) ASSAM.

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VERSUS

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THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF RAILWAYS, NEW DELHI.

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2:NORTH EAST FRONTIER RAILWAY

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MALIGAON REPRESENTED BY THE GENERAL MANAGER N.F. RAILWAY HEAD QUARTER MALIGAON GUWAHATI 11

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3:THE CHIEF MATERIAL MANAGER

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N.F. RAILWAYS MALIGAON HEAD QUARTER GUWAHATI 781011 KAMRUP (M) ASSAM.

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4:THE DEPUTY CHIEF MATERIAL MANAGER

N.F. RAILWAY PANDU

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GUWAHATI 12

5:THE DY. CHIEF ENGINEER

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CONSTRUCTION-1 N.F. RAILWAY AGARTANA TRIPURA 6:THE SENIOR SECTION ENGINEER P-WAY CONSTRUCTION N.F. RAILWAY AGARTALA TRIPUR

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Advocate for the Petitioner : MR M H AHMED

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Advocate for the Respondent : SC, NF RLY

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BEFORE

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THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

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order

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03.03.2021

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Heard Mr. MH Ahmed, learned counsel for the petitioner. Also heard Mr. BK Das, learned

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standing counsel for the Railways.

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The petitioner participated in the e-auction dated 09.10.2018 arranged by the respondent No. 3, the Chief Material Manager in respect of the Railway scrape materials located at Agartala. The petitioner became the highest bidder and after completion of all the formalities the delivery was fixed on 26.11.2018, 27.11.2018 and 28.11.2018. Due to the administrative mismanagement as alleged by the petitioner the delivery period expired on 28.11.2018. An application was filed on 27.12.2018 for extension of the delivery period in

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Page No.# 3/3

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order to fix a delivery date but as alleged by the petitioner there was no action initiated by the respondent No. 3. Being aggrieved the petitioner on 20.05.2019 submitted a representation to the respondent No. 3 alongwith other officials seeking for extension of delivery period without imposing any ground rent in order to take delivery of the materials. It is pertinent to mention herein that in the event the petitioner failed to take delivery of materials within a specified period ground rent for the scrape materials are imposed. The petitioner apprehending of imposition of such ground rent has preferred this writ petition along with prayer for appropriate direction to extend the delivery period and thereafter fix a date for taking delivery of the materials within the said extended period.

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Mr. Das though accepted the submission of the learned counsel for the petitioner however, he wants to project that there was no default on the part of the petitioner.

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Be that as it may admittedly on the three dates referred hereinabove the petitioner was not delivered with the materials. Accordingly, as consented by Mr. Das, this writ petition stands disposed of with a direction to the respondents to take necessary action to dispose of the representation dated 20.05.2019 within a period of 15 days from the date of receipt of the copy of this order. The petitioner is at liberty to file a fresh representation also.

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With the said direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

M/S Shyam Sundar Mukesh Kumar v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

M/S Shyam Sundar Mukesh Kumar v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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