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Mercury (international) Pvt. Ltd v. The Union Of India And Ors

Mercury (international) Pvt. Ltd v. The Union Of India And Ors

(High Court Of Judicature At Patna)

Civil Writ Jurisdiction Case No.14659 of 2023 | 30-04-2025

1. Heard Mr. Prabhat Ranjan, the learned Advocate for the petitioner and Mr. Satyabir Bharti, the learned counsel for the respondents/Railways.

2. A peculiar prayer has been made in the writ petition.

3. In a tender floated by the respondents/Railways in 2018, the contract was awarded to the writ petitioner in the year 2019. Respondent No. 6 had also participated in the bid/tender. However, only the petitioner was chosen as the successful candidate, who was awarded the contract.

4. This writ petition has been filed in the year 2023, seeking a direction to the respondents/Railways to take action against respondent No. 6 or at least respond to the representations filed by him by issuing an order of debarment of respondent No. 6 for having filed forged and fabricated documents regarding his eligibility for participating in the tender.

5. We fail to understand as to how it would be the look-out of the writ petitioner for him to seek such relief.

6. For the reason of respondent No. 6 having filed forged and fabricated certificates regarding his eligibility, the award was not given to him. It was for the respondents/Railways to have taken a decision with respect to taking any action against respondent No. 6. Any action against respondent No. 6 cannot be initiated at the instance of the petitioner.

7. It is a misconceived writ petition and we are of the considered opinion that cost should be imposed on the petitioner.

8. We, thus, impose a cost of Rs. 1,000/- on the petitioner, to be deposited with the Bihar State Legal Services Authority within a period of four weeks from today.

9. The writ petition stands dismissed.

10. Interlocutory application (s), if any, also stands disposed off.

Advocate List
  • Mr. Prabhat Ranjan, Advocate

  • Mr. Satyabir Bharti, Advocate Ms. Kanupriya, Advocate Mr. Abhishek Anand, Advocate

Bench
  • HON'BLE&nbsp
  • ACTING CHIEF JUSTICE ASHUTOSH KUMAR
  • HON'BLE MR. JUSTICE PARTHA SARTHY
Eq Citations
  • LQ
  • LQ/PatHC/2025/1026
Head Note