BENATHUNG ODYUO Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. E. Y. Renthungo, learned counsel for the petitioner and Mr. C. T. Jamir, learned counsel for the respondents.

(2.) The brief of the case in a short compass is that by a letter dated 15-6-1997, the petitioner was requested by the respondents to supply one bus on hire basis with 42 sitting capacity. Pursuant to this letter, the petitioner purchased one Bus bearing Registration No. NL-05-B 0213. On supply of the said bus, an agreement dated 1st November, 1997 was executed between the petitioner and the respondents for a period of 3 (three) years from the date of execution of the agreement. The said agreement was, further extended for another period of 3 years w.e.f. 1-11-2000. By another letter dated 25-7-99, the respondents requested the petitioner to supply another Deluxe Bus on hire basis with 42 sitting capacity. On the request of the respondents, another bus was supplied to the respondents and an agreement dated 22-11-99 was executed between the petitioner and the respondents for a period of 3 years w.e.f. 17-8-99. On the expiry of the said agreement the period of hiring of bus was extended by another one year w.e.f. 17-8-2002 on the same terms and conditions vide extension order dated 17-5-2002. Of the two buses given by the petitioner to the respondents on hire basis, one is used for local staff duty at the site of DHEP, Doyang and the other bus is used as marketing bus for plying between the Project site and Golaghat in Assam.

(3.) In the month of June, 2003, the petitioner submitted a representation to the respondent No. 5 for extension of the hiring of the said two buses. At the same time, the President of the land owners Union. DHEP, Doyang also requested the respondent No. 5 to retain the two buses of the petitioner by explaining the reasons as to why the two buses are required to be retained by the respondents. As the term of the bus for marketing purpose was going to expire on 16-8-2003 and for the local staff bus to expire on 31 -10-2003, a meeting was held between the petitioner and the representatives of the respondent No. 2 on 5-8-2003. In the said meeting, the rates for hiring of the two buses were reviewed and instead of Rs. 3,000/- per day for the local staff bus a lump sum amount of Rs. 75,000/- per month was agreed So also the rate for marketing bus was changed from Rs 3,500/- per day to Rs 85,000/ per month However, another meeting was held between the petitioner and the representatives of respondent No 2 on 27-8-2003 In the said meeting the rates of hiring of two buses were also discussed and accordingly, the rate for the marketing bus was again fixed at Rs 2,975/- per day subject to a maximum of Rs. 85000.00 per month So also the rate for the local staff bus was fixed at Rs 2,550/ per day subject to maximum of Rs 75,000/-per month