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2008 Supreme(Mad) 3742

K.K.SASIDHARAN
R. Shanmugam – Appellant
Versus
Union of India, Ministry of Railways, rep. by General Manager, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioners:B. Rajendran, Advocate.
For the Respondent:V. Radhakrishnan, Senior Counsel for K. Sasindran, Advocate.

Judgment :

This writ petition is directed against the proceedings dated 18. 2008 on the file of the fourth respondent whereby confirmed sale of condemned Rafmat Wheel Lathe in favour of the petitioner was cancelled on administrative grounds.

2. The factual matrix necessary for the disposal of the writ petition are as under:

Petitioner’s version

The second respondent issued a notification for auction of various goods including condemned Rafmat Wheel Lathe in ‘as is where is’ condition, fixing the auction on 12. 1999. In the said notification condemned Rafmat Wheel Lathe was shown as item No. 62 and pursuant to the said notification issued in November, 1999, the petitioner took part in the auction which was conducted by Varma & Company auctioneers on behalf of Integral Coach Factory. The auction was conducted on 12. 1999 and the bid given by the petitioner was found to be the highest and as such, the same was accepted by the respondents and accordingly, the petitioner had paid a sum of Rs. 25,000/- on 12. 1999 and the balance amount was paid on 1. 2000. As per the practice prevalent in the Railways, they would give a particular date for removal of the scrap or other materials sold in

































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