IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16220 of 2008 M/S Paryavaran And Sarvangin Vikas Sansthan through its Secretary Gauri Shankar Thakur, son of Late-Dharmeshwar Nath Thakur, Regd. Office-Arniya, resident of Village-Arniya, P.O+P.S.-Jhandaha, District- Vaishali. …….Petitioner Versus 1. The Union Of India through its Secretary, Ministry of Railway, New Delhi. 2. The General Manager,(G.M.)East Central Railway Zone, (E.C.R), Hajipur, P.O.+P.S.-Hajipur, District-Vaishali. 3. The Divisional Railway Manager(D.R.M.), Sonepur, P.O.+P.S.-Sonepur, East Central Railway(E.C.R.), Hajipur, District-Vaishali. 4. The Divisional Rail Manager(Commercial), Sonepur Rail Division, Sonepur, P.O.+P.S.-Sonepur, District-Saran(Chapra), East Central Railway, (E.C.R.), Hajipur. 5. The Railway Station Master, Khagaria, P.O.+P.S.-Khagaria, District- Khagaria(Under Jurisdiction of Sonepur Rail Division)E.C.R., Hajipur. 6. The C.C.I., Khagaria Railway Station, P.O.+P.S.-Khagaria, District- Khagaria(E.C.R.), Hajipur. 7. S.S.E.(W), Khagaria Railway Station, P.O.+P.S.-Khagaria, District- Khagaria(E.C.R.), Hajipur. ………Respondents. ----------- 02. 21.04.2009 Petitioner had responded to the advertisement issued by the Railways for long term settlement of Toilets at Khagaria Railway Station. Substantial amount of money had to be paid in five years. Petitioner’s tender for about 21 lacs for five years was accepted. He was directed to take charge of the same from the Station Master. In order to take charge, when he went along with other officials he found that though the Toilets were newly constructed, its septic tank was - 2 - connected with other old Toilet facilities of other platforms which chocked the septic tank making use of the newly constructed Toilet facilities difficult. This facility was pay and use facility. Petitioner requested the authorities to disconnect other toilets so that the facilities could be made usable and he could take possession. In spite of assurances, this was not done. Railways has accordingly cancelled the contract and retender the matter. Petitioner has filed this application objecting to the actions of the Railways and for a direction to the Railways to hand over possession of the newly constructed Toilets facilities with separate septic tank to the petitioner and to set aside the retender notice. Having heard the petitioner and considered the matter, in my view, as the petitioner was not ready to go ahead with the tender because of the defects as noted above, the Toilets being facilities offered by the Railways, if Railways decided to retender the same while canceling the first tender, I do not think it calls for any interference in the matter. Petitioner would be free to participate in the retender if not already participated and the petitioner would be entitled to full refund of all his money deposited under the tender which should be done within one month from date of communication of - 3 - the production of the copy of this order to the concerned Railways authorities. With these observations and directions, the writ petition stands disposed of. Shageer (Navaniti Prasad Singh, J)