Madhya Pradesh High Court
M/S Shri Balaji Goods Transport Co. Thr ... vs M.P State Civil Supplies Corporation on 26 August, 2021
Author: Chief Justice
Bench: Chief Justice
1 WP-10118-2021
The High Court Of Madhya Pradesh
WP-10118-2021
(M/S SHRI BALAJI GOODS TRANSPORT CO. THR ITS PROPRIETOR ROHIT AGRAWAL Vs M.P STATE
CIVIL SUPPLIES CORPORATION AND OTHERS)
Jabalpur, Dated : 26-08-2021
Heard through Video Conferencing.
Per: Vijay Kumar Shukla, J.
Shri Sankalp Kochar, learned counsel for the petitioner. Shri Shobhitaditya, learned counsel for the respondents No. 1 & 2. Shri Paritosh Trivedi, learned counsel for the respondent No.3.
The present petition under Article 226 of the Constitution of India has been filed against the impugned order dated 21.05.2021 contending inter alia that the petitioner entered into a contract with the answering respondents vide agreement dated 19.09.2019 (Annexure P-3) for the long route transportation of food-grains during the period 01.06.2019 to 31.05.2021 and the said period has been extended for another three months by invoking Clause 22.2 of the Contract, by order dated 20.05.2021 (Annexure P-6), but during the currency of the said extended period of contract the work of the petitioner has been allotted to respondent No.3 at risk and cost of the petitioner at higher rates as against the provisions under Clause 37 and 38 of the NIT. The petitioner has thus, prayed for following reliefs in the instant writ petition:
"7.1 That this Hon'ble Court may kindly be pleased to foreclose the contract awarded to the petitioner for 2019- 21 the duration of which expired on 31.05.2020. 7.2 That this Hon'ble Court may kindly be pleased to quash and set aside impugned order dated 22.05.2021 (Annexure P-9) as the same is contrary to the terms of NIT.
7.3 In the alternative and without prejudice the respondents may be directed to extend and take work from the petitioner on the same rate as proposed to be paid to respondent No.3.
7.4 Any other relief which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be issued in favour of the petitioner alongwith the cost of the petition."
2 WP-10118-2021 The notice was issued to the respondents and on notice respondents appeared and filed their reply.
During the pendency of the petition the petitioner filed an I.A. No. 8415/2021 seeking a direction in view of the subsequent events for deciding the representations dated 06.08.2021 and 10.08.2021.
It is stated that petitioner is endavouring to perform the obligations arising out of tender allotted to him and has left no stone unturned to fulfill the corresponding obligations.
The respondents have also issued the proposal dated 19.07.2021 to black-list the petitioner. The respondent Corporation unilaterally invoked the risk and cost clause of the tender and imposed penalty upon the petitioner to the tune of Rs.16,81,772/- without even requisitioning any clarification from the petitioner or affording him any opportunity of hearing. Thus, the respondents have issued the communication dated 26.07.2021 and 29.07.2021 and other orders regarding the penalty.
The petitioner has submitted representation before the respondents and suggested to inspect and examine the atrocious situation of the work at the Hirapur Open Cape Courtyard pertaining to the excessive rains and also to provide necessary arrangements for the same. It was also categorically stated that for any delay on account of the hostile weather and rainy season, no liability may be fastened upon the petitioner or he may not be subjected to any sort of coercive measures. The petitioner has further expressed his intent to completing the works allotted and at the same time, beseeched the respondent authorities to take a sympathetic view on the aspect of penalty and exonerate the petitioner firm from saddling it with the penalty.
The learned counsel for the petitioner submits that the present petition may be disposed of with a direction to the District Manager, M.P.State Civil Supplies Corporation Mandla (respondent No.2) to consider and decide the representations dated 06.08.2021 and 10.08.2021 of the petitioner in accordance with law, taking into consideration the aforesaid facts.
3 WP-10118-2021 For such a limited prayer, there is no objection by the learned counsel for the respondents No. 1 & 2 and he submits that the representations of the petitioner will be considered and decided by the respondent no.2 within a time bound period.
In view of the aforesaid submissions, the present petition is disposed of with a direction to the respondent No.2, to consider and decide the representations dated 06.08.2021 and 10.08.2021 (Annexure P-17 & P-18) of the petitioner filed alongwith I.A. No. 8415/2021 within a period of one month from the date of communication of the order passed today by passing a speaking order.
Accordingly the writ petition is disposed of. No orders as to costs (MOHAMMAD RAFIQ) (VIJAY KUMAR SHUKLA) CHIEF JUSTICE JUDGE Amitabh Signature Not Verified SAN Digitally signed by AMITABH RANJAN Date: 2021.09.02 17:34:00 IST