IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17304 of 2009 ARVIND KUMAR Versus THE UNION OF INDIA & ORS ----------- For the petitioner: Mr. Awdhesh Kr. Singh, Advocate For the Union of India: Mr. Shabbir Ahmad, Advocate --------- 2 11.12.2009 Heard learned counsel for the petitioner and learned counsel for the Union of India. Vide annexure-13 an order has been passed by respondent Railway authority annulling the contract debarring the petitioner form any future contract as well as demand has been raised with regard to outstanding dues of the annual maintenance fee and the petitioner was obliged to pay the same under the contract. Submission of learned counsel for the petitioner is that the order having civil consequence has been passed without giving him any opportunity of hearing on the issue and that by itself is a good ground for setting aside the order in question. Learned counsel for the respondent Railway authority however submits that the materials and evidence which have been brought on record by the petitioner speaks itself that there has been default on the part of the petitioner right from first year of the contract itself. The repeated demands by the respondents directing the petitioner to deposit the requisite fee etc. has not been met since 2005 and the respondents have given a very long rope and indulgence to the petitioner to fulfil his part of the obligation. Petitioner all along knew the consequence of his fault - 2 - to perform and to that extent it cannot be said that annexure-13 has been passed all of a sudden by taking serious action. In view of the materials and the evidence which have been brought on record by the petitioner himself which supports the respondents stand, the Court is not convinced with the bona fide and the relief which is being sought for by the petitioner. There is no so called arbitrariness in passing annexure-13. In fact, annexure-13 is the consequential action for which the petitioner himself is to be blamed; no interference is required with the said order. This writ application is dismissed. RPS (Ajay Kumar Tripathi,J.)