W B STATE CONSUMER S CO OPERATIVE FEDERATION LTD Vs. W B DAIRY AND POULTRY DEVELOPMENT CORPORATION LTD

JUDGEMENT

(1.) THESE two mandamus appeals were heard together as these appeals are preferred against the self-same order dated 13th february, 2007 passed by a learned Single Judge of this Court thereby allowing a writ application filed by the common respondent No. 1 herein, namely, the west Bengal Dairy and Poultry Development Corporation Ltd.

(2.) IN the writ application filed by the respondent No. 1 in these two appeals, it prayed for mandamus commanding the Food Corporation of India (in short "fci"), to receive the bank draft of Rs. 6,64,000/- bearing No. 612001 of Punjab national Bank, N. S. Road Branch dated 12th August, 2005 towards the earnest money being 10% of total costs of the quantity of the damaged rice sought to be purchased by it which were lying at the depot under FCI, Siliguri and to allot the said stocks of damaged rice in favour of the writ petitioner. In the said writ application, further prayer was made for commanding the FCI to recall the allotment order in favour of the West Bengal State Consumers' Co-operative federation Ltd. , who was the respondent No. 5 in the writ application. Other consequential interim prayers were also made.

(3.) THE grievance of the respondent No. 1 was inter alia as follows: