PARASEWAR AND COMPANY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner assails the order dated 21.09.2020 passed by the respondent No. 2 thereby terminating the contract of transportation of food grains under public distribution system within Nanded district awarded to the petitioner.

(2.) The facts in nutshell are as under : The respondent No. 2 floated tender for distribution of food grains under public distribution system within Nanded district. The tender of the petitioner was accepted. On or about 21.02.2018, the respondent No. 2 issued work order to the petitioner for transportation of food grains. On the same day, agreement was executed for transportation of food grains from Food Corporation of India (for short "FCI") godowns to Government godowns and from Government godowns to fair price shops. The duration of the agreement was three years. On or about 07.09.2019, the respondent No. 2 terminated the contract of the petitioner. The petitioner filed Writ Petition No. 11294 of 2019 challenging the same. The Court disposed of the writ petition directing the petitioner to file appeal before the Divisional Commissioner, Aurangabad. The petitioner filed appeal bearing Appeal No. 08 of 2019 before the Divisional Commissioner, Aurangabad. The Divisional Commissioner on or about 10.12.2019 partly allowed the appeal and remitted the matter back to the respondent No. 2 directing him to issue notice and grant opportunity of hearing to the petitioner and take decision on merits. Pursuant to the order of the Divisional Commissioner in appeal, the respondent No. 2 issued notice on 24.01.2020. The petitioner filed reply to the said notice on 05.03.2020. Thereafter on 21.09.2020, the impugned order is passed.

(3.) Mr. Dhorde, the learned senior advocate for the petitioner strenuously contends that, the impugned order is without jurisdiction. The same is passed without application of mind. The order is perverse. The show cause notice is issued to the petitioner on three grounds.