Vikash Jain, J.

Heard learned counsel for the petitioners and learned counsel for the respondent Railway.

2. The present writ petition has been filed with a prayer for quashing and setting aside the impugned letter No. ECR/S&T/OT/ 140/Pt-III dated 04.06.2012 (Annexure-P/15) issued from the office of respondent no. 2; directing the respondents to finalise the Tender No. ECR/S&T/OT/140 (Annexure-2) and issue Letter of Acceptance (LoA) in favour of the petitioner being the technically qualified lowest bidder; directing the respondents to decide the tender No. ECR/S&T/OT/140 in terms of the judgment dated 04.06.2012 (Annexure-P/11) passed by this Court in CWJC No. 10256 of 2012; and for connected reliefs.

3. When the matter is taken up for disposal, learned counsel Mr. Alok Tripathi appearing for the petitioner confines the relief sought in the present writ petition to the extent of forfeiture of the Earnest Money Deposit (EMD) of Rs. 12,56,160/- deposited by the petitioner and does not press the remaining prayers.

4. It is submitted on behalf of the petitioner that the impugned order dated 04.06.2012 (Annexure-P/15) is arbitrary and unsustainable. Learned counsel for the petitio