S VENKATASWAMY Vs. TALUK SOCIAL WELFARE OFICER

JUDGEMENT

(1.) PETITIONER in this petition has sought for quashing the order passed by the first respondent dated 3rd October. 2008 filed as Annexure-A to the writ petition.

(2.) THE grievance of the petitioner in the instant writ petition is that, petitioner is the proprietor of Sri. Venkateshwara Traders dealing with all general items including rice and other items and petitioner belongs to depressed class of the society, namely Schedule Caste. Petitioner had been enrolled under Value added Tax having the TIN No. 29360729545 as per the Registration Certificate produced at Annexure-B. In pursuance of the tender notification calling for supply of essential commodities, to the Hostels for Scheduled caste and Scheduled Tribe students at Malur town, petitioner has been awarded the contract for the academic years 2005-06, 2006-07 and 2007-08 respectively. After expiry of the period for the academic year 2007-08, the executive Officer of the Taluk Panchayat, malur has requested the petitioner to supply the essential commodities for the year 2008-09 till the tender process is completed. In pursuance of the communication received from the competent authority dated 31st May, 2008, petitioner has continued to supply the essential foodgrains and other ancillary items as per the needs of the hostel.

(3.) BE that as it may, to the shock and surprise of the petitioner, he received the impugned communication dated 3rd October, 2008 asking the petitioner not to further supply the essential foodgrains to the hostel as they have made some alternative arrangement and that, it is the case of petitioner that, the said alternative arrangement made in pursuance of the impugned communication dated 3rd October, 2008 is, without calling for tender as per the relevant provisions of the Act and Rules and, prohibiting the petitioner from supplying the essential foodgrains and hence, the same is not justifiable and is not sustainable in view of non-affording of reasonable opportunity to petitioner, resulting in non-compliance of the principles of natural justice. Therefore, being aggrieved by the same, petitioner herein felt necessitated to present the instant will petition, seeking appropriate reliefs, as stated supra.