ORDER

Per S.C. PARIJA, J.

22.01.2016 1. Heard Shri Asok Mohanty, learned Senior Counsel for the petitioner and Shri N.K. Barik, learned counsel for the Railway-opposite party nos. 3 and 4.

2.This writ petition has been filed praying for a direction to the Railway authorities to cancel the Bid Notice dated 30.5.2014, issued by East Coast Railway, Bhubaneswar, inviting bids on single stage two packet system from food and catering service providers for “Provision of Catering Services at Major Static Unit Name [AVM] at Bhubaneswar [A1 category] and Cuttack [A category] Stations of Khurda Road Division “. Accordingly, a prayer has been made to direct the Railway authorities to float a fresh tender for the said contract work and till finalization of such tender, the petitioner firm be permitted to run the AVM stalls at Cuttack and Bhubaneswar railway stations.

3.The brief facts of the case as detailed in the writ petition is that pursuant to tender floated by the Chief Regional Manager, East Coast Railway, Bhubaneswar, for operating automatic vending machines on license basis, M/s. Pepsi Foods Pvt. Ltd., having its office at Gurgaon, in the State of Haryana, participated in the said tender and was granted the license to operate the automatic vending machines (‘AVM’ for short) on license basis in different railway stations, including the railway stations in the State of Orissa. For operation of such AVM, the Railway authorities allotted vacant place at the concerned railway stations for establishment of Kiosks, in which the AVM machines were to be installed and operated. For the said arrangement, Indian Railway Catering & Tourism Corporation Ltd., (“IRCTC” for short) entered into an Agreement with M/s. Pepsi Foods Pvt. Ltd., for management of AVM Dispensing Kioska for sale of hot and cold beverages at the railway stations. The present petitioner, who is involved in the business of catering of hot and cold beverages, entered into a Franchisee Agreement with M/s. Pepsi Foods Pvt. Ltd. for managing the AVM Dispensing Kiosks for sale of hot and cold beverages at different railway stations since January 2009, which was approved by the IRCTC.

4.In the year 2010, the Ministry of Railways formulated a new Catering Policy-2010 and pursuant to such policy, a Tripartite Agreement was entered into between the East Coast Railway, IRCTC and M/s. Pepsi Foods Pvt. Ltd., under which the management of AVM Dispensing Kiosks at the Bhubaneswar and Cuttack railway stations were taken over by East Coast Railway. The said Tripartite Agreement provided that the existing license i.e. M/s. Pepsi Foods Pvt. Ltd. would continue to operate the AVM Dispensing Kiosks at the platforms in Bhubaneswar and Cuttack railway stations till 18.7.2014, i.e. for the tenure of license awarded by the IRCTC, unless terminated earlier.

5. It is the case of the petitioner firm that even after expiry of the license period, the Railway authorities allowed extension to the petitioner to continue operation of the AVM stalls at Bhubaneswar and Cuttack railway stations for a further period of three months, by increasing 10% of the existing license fees.

6.While the matter stood thus, the Sr. Divisional Commercial Manager, East Coast Railway, issued Bid notice dated 30.05.2014, inviting sealed bid on single stage two packet system from food and catering service providers for “Provision of Catering Services at Major Static Unit Name (AVM) at Bhubaneswar (A1 category) and Cuttack (A category) Stations of Khurda Road Division”, as detailed in the said notice. As the petitioner firm did not fulfill the eligibility criteria prescribed under the Bid Document, he did not submit its bid, however, subsequently the petitioner firm came to learn that after submission of bids, some of the conditions in the Bid Document have been relaxed, as a result of which, the petitioner firm has been deprived of submitting its bid. Pursuant to the floating of the tender and finalization of the same in favour o