SRIBASH JENA Vs. PARADIP PORT TRUST AND ANOTHER

JUDGEMENT

(1.) In this writ petition, the petitioner prays to quash the show cause notice dated 13.07.2011 for cancellation of the lease granted in his favour and cancellation of the same on 08.02.2012 by the Paradip Port Trust.

(2.) Paradip Port Trust vide Tender Call Notice No.AD-EST-LAND-1- 04/2007/1770 dated 25.08.2007 issued a public tender for issue of license for apiece of land measuring an area of Ac.20.04 for a period of six years for the purpose to use the land as temporary Stack Yard/Farm House/Diary Firm/Business House etc. The petitioner participated in the tender process along with others and was a successful tenderer. Thereafter, the opposite parties issued allotment letter in favour of the petitioner, thereby allotting the plot of land in his favour for six years as per the letter dated 01.11.2007. Thereafter, the petitioner made several representations to the opposite parties to allow him to sub-lease the same to other persons. After repeated reminders, on 19.02.2010 the opposite parties informed that the proposal of the petitioner for sub-letting has been approved subject to sharing of 50% rentals to the Port from the charges collected by the licensee from the customers for temporary storage/stacking on the license hold land and entering into a tripartite agreement. The petitioner requested the opposite parties for entering into a tripartite agreement for sub-letting, but on 13.07.2011, Paradip Port Trust issued notice to show cause as to why the said license hold land allotted in his favour will not be cancelled. Thereafter, on 08.02.2012 the opposite parties issued a letter of cancellation of the allotment.

(3.) In course of hearing, attention of the Court was drawn to Clause 12 of the Office Order dated 01.11.2007, whereby the petitioner was allotted the land in question, which reads as follows:-