STATE OF MIZORAM Vs. LALTHAI

JUDGEMENT

(1.) The subject matter of challenge in this appeal is the common judgment and order dated 27.11.09 passed in WP (C) No. 47/09 and WP(C) No. 71/09 by the learned Single Judge, whereby and whereunder, allowing the WP(C) No. 47/09, the NIT dated 5.6.09 issued by the Secretary, Government of Mizoram, Food and Civil Supplied and Consumer Affairs Department has been quashed and thereby the period of carriage contract in respect of the respondents petitioners was extended upto 31.3.10 or till the process of notice inviting tender is completed, whichever is earlier. Consequent to allowing of WP(C) No. 47/09, the WP(C) No. 71/09 was dismissed by the same judgment.

(2.) We have heard Mr. N. Sailo, learned Addl. Advocate General, Mizoram for the appellant and Mr. M. Zothankhuma, learned counsel appearing for the respondent writ petitioners.

(3.) Briefly stated, the relevant facts necessary for the disposal of this appeal are that the petitioners were appointed as carrying contractors by the respondent authorities. The NIT for engagement of the aforesaid carrying contractors was floated on 15.2.06 inviting tender from the qualified persons to carry out foodstuffs through main routes i.e., Kolasib and Tanhril in total covering 26 routs in all. The writ petitioners along with others submitted their tenders for the contract and after scrutiny they were selected and appointed as carrying contractors for the aforesaid routes for the calendar year 2006 vide order dated 20.7.06. The relevant terms and conditions of the contract were incorporated into an agreement executed by the parties. Although the NIT was issued for carrying the foodstuffs during the calendar year 2006, vide Clause 14 of the terms and conditions of the agreement it was provided that the contract would be initially for a period of one calendar year from the date of appointment and may be extended beyond the period of one calendar year for "another specified period" or "till fresh tenders are invited and contractor appointed for carriage of foodstuff for the subsequent period/terms".