All India Railway Catering Contractors ... vs Union Of India on 13 July, 2012

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Karnataka High Court

All India Railway Catering Contractors ... vs Union Of India on 13 July, 2012

Bench: Ajit J Gunjal

                          1




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 13TH DAY OF JULY 2012

                     BEFORE

      THE HON'BLE MR. JUSTICE AJIT J GUNJAL

          W.P.NO.23617 OF 2012 (GM-TEN)

BETWEEN

ALL INDIA RAILWAY CATERING
CONTRACTORS AND WORKERS ASSOCIATION
[REGISTERED]
NO.187/C, M.G.COLONY
RAILWAY QUARTERS
BANGALORE - 560 023.
                                  ... PETITIONER

(BY SRI.ZAMEER PASHA, ADV.)


AND

1. UNION OF INDIA
   MINISTRY OF RAILWAYS
   RAILWAY BOARD, RAILWAY BHAVAN
   NEW DELHI - 110 001
   REPRESENTED BY ITS SECRETARY

2. THE CHAIRMAN
   MINISTRY OF RAILWAYS
   RAILWAY BOARD, RAILWAY BHAVAN
   NEW DELHI - 110 001

3. THE EXECUTIVE DIRECTOR
   TOURISM AND CATERING
   RAILWAY BOARD
   MINISTRY OF RAILWAYS
   RAIL BHAVAN
   NEW DELHI - 110 001

4. THE DIRECTOR
   TOURISM AND CATERING
                             2




  RAILWAY BOARD
  MINISTRY OF RAILWAYS
  RAIL BHAVAN
  NEW DELHI - 110 001

5. THE CHIEF COMMERCIAL MANAGER
   OFFICE OF THE CHIEF COMMERCIAL
   MANAGER/CATERING AND P.S,
   NORTH EASTERN RAILWAY
   GORAKHPUR - 273 012
   UTTAR PRADESH
                                          ... RESPONDENTS

                           *****
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER
TO QUASH THE TENDER/QUOATATION FORM INVITED BY
THE RESPONDENT NO.5, CHIEF COMMERCIAL MANAGER,
NORTH-EASTERN      RAILWAYS,     HEAD    QUARTERS,
GORAKHPUR INVITED TENDER/QUOTATION FORM FOR
PROVISION   OF   CATERING     SERVICES   ON   TRAIN
NO.12541/12542-GORAKHPUR TO LOKMNAYA TILAK
TERMINUS    SUPERFAST     EXPRESS    VIDE   TENDER
DOCUMENT DATED 14.6.2012 ONLY IN SO FAR AS IT
RELATES TO CALLING OF TENDERS / QUOTATIONS FROM
ALL EXISTING PANTRY CAR LICENSEES UNDER
ANNEXURE-E.

     THIS W.P. COMING ON FOR PRELIMINARY HEARING
THIS DAY THE COURT MADE THE FOLLOWING:

                        ORDER

The petitioner is All India Railway Catering Contractors and Workers Association, which is stationed at Bangalore. Respondents 1 to 4 are at New Delhi. Respondent No.5-the Chief Commercial Manager, North-Eastern Railways, Head Quarters situated at Gorakhpur, Uttar Pradesh. 3

2. The petitioner is questioning the tender notification. A copy of which is produced at Annexure-E, wherein certain terms and conditions are questioned by it.

3. I am of the view that the question of this Court entertaining the writ petiton does not arise inasmuch as this Court does not have the territorial jurisdiction to deal with the matter, having regard to the decision rendered by the Apex Court in the case of M/s Kusum Ingots and Alloys Ltd., vs. Union of India and another reported in AIR 2004 Supreme Court 2321. Petition stands disposed of accordingly. Reserving liberty to the petitioner to assail Annexures-E & F before appropriate Court.

SD/-

JUDGE SS

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