Judgment :-

T.S. Thakur, J.

1. Leave granted.

2. This appeal arises out of a judgment and order dated 6th June, 2012 passed by a Division Bench of the Gauhati High Court whereby Writ Appeal © No.79 of 2012 has been allowed; judgment and order dated 4th February, 2012 passed by a Single Bench of that Court set aside and Writ Petition © No.4668 of 2011 filed by the appellants dismissed.

3. In terms of a notice dated 12th July, 2011 Divisional Commercial Manager, Tinsukia invited tenders for the grant of a three year lease of 23 tonnes of space in VPH (Parcel Van) on train No.15960/15959 Kamrup Express. Among those who responded to the tender notice was the appellant herein who offered a sum of Rs.1,46,872/- per trip for the proposed lease. The tender process was discharged by the railway administration on account of technical and administrative reasons no matter the appellant’s offer was the highest. A communication dated 6th September, 2011, addressed to the appellant was in that regard issued to the appellant who assailed the same in W.P. © No.4668 of 2011 before the High Court of Gauhati.

4. In their counter affidavit the railways defended the cancellation/discharge of the tender not o