The main legal point established in the judgment is the entitlement of the petitioners to relief due to the failure of the respondents to deliver the auctioned scrap materials within the specified period, and the absence of application under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the parties to arbitration.

JUDGMENT :

1. Heard Mr. A. Deb, the learned advocate for the petitioners. Also heard Mr. B. Sarma as well as Dr. B.N. Sarma, the learned Standing Counsel for the N.F. Railway i.e. all the respondents herein.

2. The issues raised in all these four writ petitions filed under Article 226 of the Constitution of India are common, as such, they are taken up together. M/s. Kundu Enterprise is the 1st petitioner in W.P.(C) No. 1520/2017 and W.P.(C) No. 4010/2017, and the 2nd petitioner in the said writ petitions is M/s. Ghar Construction. The 1st petitioner in W.P.(C) No. 1494/17 and W.P.(C) No. 4107/2017 is M/s. Ghar Construction, and the 2nd petitioner in the said two writ petitions is M/s. Sree Steel.

3. By filing W.P.(C) No. 1520/17, the petitioners are seeking quashing of the impugned order dated 10.04.2015, by which the respondents had sought to cancel the sale of lot at the risk and cost of the petitioners on failure to take delivery of scrap materials within extended delivery period, and for a further direction to the respondents to deliver the auction purchased scrap stores without charging ground rent and in addition to pay interest at the rate of 24%. During the pendency of the writ petition, the respondents had cancelled the sale and, as such, the petitioners have filed W.P.(C) No. 4010/2017 to challenge the impugned order dated 14.12.2016/ 25.03.2017, by which the respondent authorities had cancelled the sale of lot with forfeiture of earnest money/ total sale value of lot mentioned therein.

4. By filing W.P.(C) No. 1494/17, the petitioners are seeking for quashing the impugned order dated 07.05.2015, by which the respondents had sought to cancel the sale of lot at the risk and cost of the petitioners on failure to take delivery of scrap materials within extended delivery period, and for a further direction to the respondents to deliver the auction purchased scrap stores without charging ground rent and in addition to pay interest at the rate of 24%. During the pendency of the writ petition, the respondents had cancelled the sale and, as such, the petitioners have filed W.P.(C) No. 4107/2017 to challenge the impugned order dated 14.12.2016/ 25.03.2017, by which the respondent authorities had cancelled the sale of lot with forfeiture of earnest money/ total sale value of lot mentioned therein.

5. All the petitioners are proprietary concerns engaged in sale and purchase of railway scrap and other materials. The N.F. Railway establishment holds auction sale of scrap and other waste materials from time to time, at various places. The sale and purchase is governed by "auction notice" as well as "General Conditions of Sale of Scrap Materials Through e-Auction". The petitioner No.1 in WP(C) No. 1520/2017 and WP(C) 4010/2017 was declared as highest bidder pertaining to Lot No. RPAN-C-R-Fitting-2014-01 at Rangapara, and that in the said two writ petitions, the petitioner No.2 was declared as the highest bidder pertaining to Lot No. RPAN-C-R-Fitting-2014-03 at Rangapara. The petitioner No.1 in WP(C) No. 1494/2017 and WP(C) 4107/2017 was declared as highest bidder pertaining to Lot No. MJBT-14-15-02-MJBT, located at Mazbat, and that in the said two writ petitions, the petitioner No.2 was declared as the highest bidder pertaining to Lot No. MJBT-14-15-GVR, located at GVR Station Yard.

6. In all the cases, the payment of the balance bid amount was paid belatedly with late fine and upon payment. As pr documents annexed to these writ petitions, the sale release orders were issued as under:-