DEIPORMI DKHAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner by way of this third writ petition is before this Court assailing the actions of the respondents in withdrawing the official staff from the weighbridge of the petitioner located at Amsarin, West Jaintia Hills, and for directions to order the respondents to act in accordance with the renewal agreement for the said weighbridge dtd. 1/6/2022, and also for compliance of the order dtd. 16/1/2024, passed by the respondent No. 3.

(2.) The background facts are that the petitioner was settled with a lease of a weighbridge at Amsarin, vide lease agreement dtd. 7/12/2017, for a period of 3(three) years in accordance with the provisions of Rule 7 of the Meghalaya Installation, Regulation, Maintenance and Operation of Weighbridge Rules 2009, and the said period was to expire on 6/12/2020. The said agreement by letter dtd. 10/12/2020, was renewed till the period ending 31/12/2020, on the same terms and conditions, and it is the case of the writ petitioner that they had diligently paid all the installments due as payable, and had also applied for renewal of the lease which however, apart from the letter dtd. 10/12/2020, no further response was received from the respondents. The writ petitioner on the lease not being formally renewed, then filed writ petition being WP(C) No. 2 of 2021, which was disposed of by judgment dtd. 9/5/2021, with a direction to the writ petitioner to approach the respondents for consideration for renewal. The lease agreement was then renewed for a period of 3(three) years w.e.f. 1/6/2022 to 31/5/2025. The respondents then vide letter dtd. 14/7/2023, communicated to the petitioner that the said lease would be extended only to 30/9/2023. The petitioner being aggrieved thereby, assailed the said letter by way of WP(C) No. 299 of 2023, and this Court then by order dtd. 28/9/2023, directed that status quo be maintained until the next date, which thereafter was continued by another order dtd. 8/12/2023.

(3.) The respondents then by letter dtd. 16/1/2024, withdrew the impugned letter dtd. 14/7/2023, but on 1/2/2024, all the official staff employed in the said weighbridge were relieved therefrom and posted in another weighbridge by the name of Amjeha weighbridge, which as per the writ petitioner, has dislocated the operation of his weighbridge, and in effect had rendered it inoperable, as the said staff were necessary for stamping the weighment slips, which were issued to the vehicles. As such, the instant writ petition seeking the reliefs as aforementioned, has been preferred by the writ petitioner.