MAYANK TECHNOCRACY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These petitions arise in common background.

(2.) Petitioner is common in all the petitions. Petitioner is a supplier of medical equipments. The department of State of Tripura was in urgent need to purchase medical kits and other related items to deal with the fast spread of coronavirus in the State. On the ground that sufficient time was not available to invite tenders, the Government decided to make purchases by calling for quotations, sidestepping the normal procedure of inviting tenders. In all cases, the Government accepted the quotations of the petitioner for supply of specified quantities of equipments. In two cases, the petitioner actually delivered the goods. In the other two cases, the petitioner was yet to supply the same. At that time, the Government cancelled all the contracts for supply of the materials on the ground that the petitioner had, taking advantage of the situation, quoted excessively high price. The Government compares the price of equipments with the rate chart published by ICMR which is the Central Government organization. According to the learned Advocate General when the petitioner refused to accept the reduced price for the goods supplied, the Government withheld the payments. In such background, the petitioner has filed these four petitions, the common prayer being to set aside the orders of cancellation of the contract.

(3.) Having heard learned counsel for the parties, I am of the opinion that these issues cannot be examined in a writ petition. The relations between the petitioner and the Government as a contracting party are purely in the realm of a contract. If there is any breach of contract by either side, the aggrieved party has to seek remedy before a civil Court. In two of the cases, as noted, the supply orders given to the petitioner were cancelled even before the goods to be supplied. If the petitioner is of the opinion that such cancellation was illegal or amounted to breach of the contract, it is up to petitioner to file a civil suit for damages. The Government cannot be compelled to make purchases from the petitioner alone.