NANHELAL SAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court invoking writ jurisdiction of this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus and/or certiorari for setting aside and quashing of the impugned order ION vide No. Cont/NEFR/HTC/CHNGWMNG/ 2011 dated 20.02.2015 issued by the Area Manager Food Corporation of India, District Office Upper Lachumiere, Shillong, East Khasi Hills District, Meghalaya. The petitioner has claimed in the writ petition that he is entitled for release/refund of a sum of Rs. 35,56,000/- in respect of Cont.4/NEFR/TC/2008 and a sum of Rs. 30,70,000/- in respect of No. Cont.6/NEFR/HTC/CHNG/2011 from the security deposited by him.

(2.) On 14.08.2018 during the pendency of the writ petition, learned senior counsel for the respondents was directed to file an affidavit specifying the amount of loss caused to the respondents. An affidavit dated 11.12.2018 in compliance to the Court's order has been filed claiming that there has been demurrage of Rs. 94,83,286/- payable by the petitioner out of which Rs. 36,43,657/- has already been recovered towards demurrage and there is only security deposit of Rs. 15,35,000/- lying in the account of the FCI thereby leaving a balance of Rs. 43,04,629/- to be paid by the petitioner. However, this fact is seriously disputed by the learned counsel for the writ petitioner.

(3.) Faced with the situation that certain facts are to be established, learned counsel for the petitioner prays that he may be allowed to withdraw this petition with liberty to approach the civil court to file a civil suit. Learned counsel for the respondents has no objection to the said prayer made by the learned counsel for the petitioner.