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2023 Supreme(Gau) 1070

MANISH CHOUDHURY
M. K. Dhiroomal Associates JV, a Joint Venture of M/s M. K. Engineering and M/s Shiroomal and Sons Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M. Biswas, Advocate
For the Respondent: Dr. B.N. Gogoi, Mr. B.K. Das

JUDGMENT :

As both the writ petitions instituted under Article 226 of the Constitution of India involve similar nature of challenge, the same are taken up together at the request of the learned counsel for the parties, as they have stated that exchange of pleadings in both the writ petitions is complete.

2. The petitioners in both the writ petitions are represented by Mr. M. Biswas, learned counsel; the respondents in the writ petition, W.P.[C] no. 266/2012 are represented by Dr. B.N. Gogoi, learned Standing Counsel, N.F. Railway; and the respondents in the writ petition, W.P.[C] no. 6103/2012 are represented by Mr. B.K. Das, learned Additional Standing Counsel, N.F. Railway.

3. As the nature of challenge in both the writ petitions are similar, the facts, pleadings and issues involved in the writ petition, W.P.[C] no. 6103/2012 are taken up for discussion, at first.

Writ Petition, W.P.[C] no. 6103/2012 :

4. The writ petition, W.P.[C] no. 6103/2012 has been preferred to assail a Final Variation Statement issued vide Letter no. W/60/CON/BB/NB-Dyke/DBRT/2006/22/120 dated 08.12.2010 in


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