LAWS(ORI)-2009-12-16

T DEV KUMAR PATRA Vs. STATE OF ORISSA

Decided On December 04, 2009
T Dev Kumar Patra Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) IN this writ application, the petitioner prays for quashing of the letter dated 26.08.2009 under Annexure -5 and the tender notice dated 31.08.2009 under Annexure -6 and for commanding the opposite parties to renew the licence/lease as per Annexure -1 for a further period of three years.

(2.) THE petitioner's case is that pursuant to a tender call notice to run a multi cuisine food Court in the existing building near the Gate Complex of Nandankanan Zoological park, he offered his bid and having qualified as the highest bidder was awarded the contract by the opposite parties. While applying, the petitioner had proposed to spend Rs. 8,00,000/ - to Rs. 15,00,000/ - for construction of projection on both sides of the existing structure as there was stipulation in the tender notice that the intending lessee shall invest for such projection. The petitioner qualified as the highest bidder and agreement was executed between the parties vide Annexure -1. The case of the petitioner is that as per the agreement the licence fee was Rs. 1,21,100/ - per annum which was payable monthly @ Rs. 10,100/ -. It is further the case of the petitioner that the license under the agreement though initially was for two years, it contains a term giving the petitioner a right of renewal for a further period of three years. It is also stated that in case of violation of the terms of the agreement, notice of 90 days shall be issued for termination of the contract. It is alleged by the petitioner that without issuing a notice of 90 days, as stipulated in the contract, and even though the petitioner went on paying the monthly licence fees regularly as per Annexure -2 series, opposite party No. 3 has issued the notice on 26.8.2009 under Annexure -5 asking the petitioner to close the operation of the Food Court on completion of the tenure of the agreement on 7.9.2009 in order to facilitate the authorities to make alternative arrangement. Subsequent thereto, opposite party No. 3 has issued tender notice on 31.8.2009 vide Annexure -6 inviting tenders from interested persons for running the food Court.

(3.) THE Deputy Director, Nandankanan Zoological Park (opposite party No. 3) has filed a counter affidavit. Referring to the agreement under Annexure -1, it is stated in. the affidavit that the petitioner has committed default in paying the monthly licence fees at the stipulated time, i.e., in advance within the first week of every month. Referring to Clause -14 of the agreement, it is also stated that the petitioner has violated the condition stipulated in that clause by not revealing 1% of sale proceeds during the previous calendar year. The petitioner has sublet the food Court to a third party without prior permission of opposite party No. 3 and his performance was found to be poor. The petitioner has also committed irregularity in payment of electricity charges of the food Court. The irregularities and defaults were pointed out to him by sending letters, which were not responded. It is, therefore, contended that in view of the violations of different terms and conditions, the petitioner was not entitled for renewal of the license for a further period of three years.