[Civil Appeal No. 10751 of 2013 arising out of S.L.P. (C) No.18405 of 2012]. This appeal arises out of a judgment and order dated 6th June, 2012 passed by a Division Bench of the Gauhati High Court whereby Writ Appeal(C) No.79 of 2012 has been allowed; judgment and order dated 4th February,2012 passed by a Single Bench of that Court set aside and Writ Petition (C)No.4668 of 2011 filed by the appellants dismissed. In terms of a notice dated 12th July, 2011 Divisional Commercial Manager, Tinsukia invited tenders for the grant of a three year lease of 23tonnes of space in VPH (Parcel Van) on train No.15960/15959 Kamrup Express. Among those who responded to the tender notice was the appellant herein who offered a sum of Rs.1,46,872/- per trip for the proposed lease. The tender process was discharged by the railway administration on account of technical and administrative reasons no matter the appellant's offer was the highest. A communication dated 6th September, 2011, addressed to the appellant was in that regard issued to the appellant who assailed the same in W.P. (C) No.4668 of 2011 before the High Court of Gauhati. In their counter affidavit the railways defended the cancellation/discharge of the tender not only on the ground that the appellant had acquired no vested right for allotment of the contract in its favour merely because its bid was found to be the highest, but also on the ground that the power to cancel/withdraw the tender notice had been specifically reserved by the railway administration in its favour.
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