NABA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. K. Mahanta, learned senior counsel assisted by Mr. M. H. Ansari, learned counsel appearing for the writ petitioner. Also heard Mr. B.J. Talukdar, learned senior counsel assisted by Mr. P. K. Medhi, learned Government Advocate, Assam appearing for all the respondents.

(2.) The instant writ petition is directed against the 'undated order' passed by the Deputy Commissioner, Dibrugarh i.e. the respondent No.3 herein inter-alia cancelling the contract agreement dtd. 9/2/2018 entered into by the respondent No.3 as the 1st party the writ petitioner herein, a sole Proprietorship Firm ,as the 2nd party, for transportation of foodgrains under the National Food Security Act, 2013 [NFSA, 2013].

(3.) The facts of the case, in a nutshell, are that on 9/2/2018 the respondent No.3 had entered into a contract agreement with the petitioner for transportation of foodgrains from the FCI godown at Dibrugarh to the Wholesale Consumer Cooperative Societies i.e. WCCS as well as the Gram Panchayat Samabai Samiti (GPSS) Ltd. and thereafter, to the respective Fair Price Shop dealers in the Dibrugarh Municipality area and Naharkatia Town Committee area. The contract agreement dtd. 9/2/2018 envisages a two Tier transportation mechanism. Under Tier-I the contractor is required to transport foodgrains from the FCI godown at Dibrugrh to the godowns of WCCS/GPSS. Under Tier-II, the foodgrains were required to be transported from the WCCS/GPSS godowns to the doorstep of Fair Price Shops. According to the submissions made at the bar, although the original contract agreement dtd. 9/2/2018 was valid only upto 31/12/2018, yet, the contract was renewed from time to time and the writ petitioner was allowed to execute the orders of transportation under the same terms and conditions even for the subsequent years uptill the current year i.e. 2023.