MANJUNATHA OVERSEAS GRANITE LTD Vs. MYSORE MINERALS LTD

JUDGEMENT

(1.) THE unsuccessful writ petitioner is the appellant herein who has filed this appeal against the order dated 15-4-2005 made in W. P. No. 15212/2004 refusing to grant issue of mandamus directing the respondents to supply 20,000 PDMT iron ore fines of +65% from Subbarayanahalli Iron Ore mines at Rs. 175/- per PDMT pursuant to the letter of allotment dated 17-11-2003.

(2.) THE appellant-writ petitioner in the writ petition sought to quash the order dated 4-2-2004 passed by respondent herein. The said order reads as hereunder : -

(3.) ACCORDING to the writ petitioner, the respondent having accepted the offer made by the petitioner on 14-11-2003 to supply iron ore fines at the rate of Rs. 175/- per metric tonne which includes royalty charge, forest development tax, cess and other charges excluding loading charges ought to have honoured the same, as the issuance of the letter of intent dated 17-11-2003 was received by the petitioner on 27-11-2003. Confirming the same, cheques were also issued on 27-11-2003 by the petitioner, which amounts to a concluded contract. Therefore it is contended that the impugned proceedings dated 17-11-2003 and the respondent going back from the earlier commitment and fixing the rate at r. 350/- PDMT, is arbitrary and unreasonable. Hence the appellant filed the above writ petition to quash the order dated 4-2-2004 seeking (a) to call for the records which ultimately resulted in passing the order Annexure-A dated 4-3-2004 passed in No. MML/mkt/mogpl/iof/03-04/4312 by the respondent; (b) to issue an order, direction of writ in the nature of certiorari quashing the order Annexure-A dated 4-2-2004 passed in No. MML/mkt/mogpl/iof/03-04/4312 by the respondent and (c)to issue an order, direction or writ in the nature of mandamus directing the respondents to supply 20000 PDMT of iron Ore Fines of Plus 65% from Subbarayanahalli Iron Ore Mines at Rs. 175/-PDMT pursuant to the letter of allotment dated 17-11-2003.