VIRENDRA PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner desires that his representation dated 6 February 2014 filed before the Regional Food Controller, Varanasi Region, Varanasi (hereinafter referred to as 'RFC') for restoring his registration as a "Class -A contractor" be decided. A consequential relief that has been sought is that the petitioner may be permitted to participate in the tender notice issued on 31 January 2014 for handling and transportation.

(2.) THE petitioner was initially registered as a Class -A contractor pursuant to the Circular dated 13 June 2007 issued by the Food and Civil Supply Department. The registration of the petitioner was revoked by the Department. The petitioner filed an application dated 18 July 2011 before the Commissioner, Food and Civil Supply, Lucknow (hereinafter referred to as the 'Commissioner') for recalling this order. This application was forwarded by the Commissioner to the RFC on 19 July 2011. A communication dated 23 July 2011 was sent by the RFC to the petitioner requiring him to submit certain papers. The petitioner submitted these papers as also an affidavit sworn on 26 July 2011. The RFC restored the registration of the petitioner as a Class -A contractor by the order dated 20 September 2011. A complaint dated 24 February 2012 was, however, filed before the RFC with the assertion that the affidavit filed by the petitioner on 26 July 2011 containing an averment that his registration or the registration of any of his family members had not been previously suspended or cancelled was false as at the relevant time his registration with the U.P. State Warehousing Corporation had been suspended on 18 June 2011. On enquiry, the averments were found to be correct. The registration of the petitioner as a Class -A contractor was, therefore, cancelled on 5 May 2012. This order was assailed by the petitioner in Writ Petition No.24218 of 2012 which was dismissed on 25 April 2013. The petitioner filed a petition for Special Leave to Appeal which was dismissed by the Supreme Court.

(3.) IT is submitted by learned counsel for the petitioner since the U.P. State Warehousing Corporation had subsequently restored the registration of the petitioner by the order dated 25 January 2014, the application filed by the petitioner before the RFC on 6 February 2014 for restoring his registration as a Class -A contractor was required to be decided but no decision has been taken as yet. It is also the submission that in any case the U.P. State Warehousing Corporation was not a purchase agency for Varanasi Region of the Food and Civil Supply Department of the State and, therefore, the suspension of the license on 18 June 2011 was immaterial.