SHRI SONY TARIANG Vs. KHASI HILLS

JUDGEMENT

(1.) The petitioner has prayed for quashing: (i) Impugned letter bearing No.DC.RBF/XXII(T)184/2014- 2018/102 dated 01.05.2018, in terms whereof, the respondent No.4-Executive Member In-charge Trade etc., Khasi Hills Autonomous District Council, Shillong has cancelled the appointment of the petitioner as an agent and also has revoked the Deed of Agreement dated 30.03.2016; (ii) Notice inviting tender dated 02.05.2018 issued by the respondent No.3; (iii) Letter dated 23.05.2018 appointing the respondent No.5 as an agent of Khasi Hills Autonomous District Council and also the Agreement of even date and; (iv) To command the respondents to permit the petitioner to operate as an agent in pursuance to his appointment order dated 30.03.2016 and agreement executed thereof dated 30.03.2016.

(2.) The Khasi Hills Autonomous District Council (hereinafter referred to as "KHADC") has been established under the Sixth Schedule of the Constitution of India for administration of affairs relating to tribals belonging to Khasi Autonomous District. Under para 10 of the Sixth Schedule, the KHADC formulated regulation i.e. "the Khasi Hills District (Trading by Non-Tribals) Regulation, 1954" which essentially provide for regulating trading by non-tribals within the territorial jurisdiction of KHADC.

(3.) For the purpose of identifying/detecting trading by non-tribal traders, conducting business within the jurisdiction of the District Council, the KHADC for appointing an agent issued notice dated 22.02.2016 inviting tenders. The tender of the petitioner for appointment as an agent for detecting illegal trading by non-tribal traders was accepted so was appointed an agent as was conveyed to him on 30.03.2016 by the respondent No.3. In tune with the terms and conditions/guidelines, an agreement was executed by the respondent No.3 and the petitioner on 30.03.2016. As per the agreed terms, the petitioner as an agent was to pay to the Council a sum of Rs.15,05,000/- (Rupees fifteen lakhs five thousand) only per annum with liberty to the agent to pay the said amount either in one go or in 12 (twelve) monthly installments.