LAWS(CHH)-2021-12-58

DINESH KUMAR KACHHWAHA Vs. STATE OF CHHATTISGARH

Decided On December 10, 2021
Dinesh Kumar Kachhwaha Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) By filing this application under Sec. 226 of the Constitution of India, the petitioner prays for quashing of tender notice dtd. 4/11/2019 and for issuing a direction to respondents to renew the lease agreement in favour of the petitioner for running a juice centre.

(2.) The case of the petitioner is that he is the authorized agent for the distribution of the juice products manufactured by M/s Himachal Pradesh Horticulture Product Marketing and Processing Corporation (HPMC). By letter dtd. 29/1/2004 an application was submitted by HPMC for running a juice shop in the premises of Chhattisgarh Institute of Medical Science (CIMS) and on the basis of the same, the respondents allotted a shop to the petitioner in the premises of CIMS for distribution of juice product and accordingly, the petitioner entered into an agreement with respondent No. 2 for running of the juice centre in the premises of CIMS and the said agreement was renewed from time to time.

(3.) A fresh lease agreement was executed on 4/7/2013 for a period of five years. Clause 7 of the agreement provides for a renewal clause and before expiry of the period of five years, the petitioner had been submitting repeated applications for renewal of the lease, but without responding to the said request, the impugned tender notice dtd. 4/11/2019 was issued inviting application for fresh bidding for allotment of the juice centre in the premises of CIMS.