Jammu & Kashmir High Court
Charanjit Singh Kala And Others vs Union Of India And Others on 3 November, 2022
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
Sr. No. 105
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2318/2022
CM No. 6316/2022
Charanjit Singh Kala and others .....Appellant/Petitioner(s)
Through: Mr. Sachin Gupta, Advocate.
Vs.
Union of India and others ..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
03.11.2022
1. The present petition has been preferred by the petitioners on mere apprehension that the respondents would not abide by the terms and conditions as specified in the tender and contract and have accordingly, sought reliefs in the nature of Mandamus commanding the respondents to provide the petitioners an opportunity of being heard before changing the RTD/Transport charges and RTKM (round trip basis) applicable and as agreed in the tender contract.
2. The present petition has been preferred by the petitioners who claim to be transporters by the profession and owns fleet of trucks and tankers are performing the contracts of transportation with the respondents and the nature of business of the petitioners is transportation of petroleum products and LPG Gas throughout the Union Territory of Jammu and Kashmir.
3. The brief case of the petitioners is that respondent No. 2 floated a tender for "Transportation of Indane LPG Cylinders in vertical position on unit rate basis Ex LPG Bottling Plant, Jammu (Jammu and Kashmir), bearing Tender No. RCC/NR/PSO/LPG/PT-82/2018-19 dated 13.07.2018. Further stand by the petitioners is that they participated in the aforementioned tender issued by respondent No. 2 and eventually the petitioners were declared as the successful 2 WP(C) No. 2318/2022 bidder, as such, the tender was allotted in favour of the petitioners. It is being stated by the petitioners is that the tender so allotted in favour of the petitioners held the validity of the contract for total five years, w.e.f. 19.02.2019 to 31.12.2023. It is further averred that the petitioners have been performing and supplying their trucks for "transportation of Indane LPG Cylinders in vertical position on unit rate basis Ex-Jammu LPG Bottling plant" since 19.02.2019 till date.
4. It is the specific stand of the petitioners that the respondents herein are not only, without any justification, changing the RTD's of the present work allotted to the petitioners, but also it has come to the notice of the petitioners that the respondents are in a process of initiating to revise/change the RTD's for the previous trips/work performed under the tender for more than three years, without any justification and even without issuing any notice to the petitioners with regard to the change in charges applicable/payable by the respondents under the contract.
5. The petitioners have filed the present petition on mere apprehension and have admitted that no cause of action has accrued as on date which could be the basis for filing the present petition which is not maintainable being pre- mature.
6. On mere apprehension that the respondents are in the process of initiating to revise/change the RTD's for the previous trips/work performed under the tender for more than three years, without any justification and even without issuing any notice to the petitioners with regard to the change in charges applicable/payable by the respondents under the contract. The petitioners' apprehension is that in case, such a change is made, the same would be in contravention to agree terms and conditions between the petitioners and the respondents.
7. It is settled proposition of law that no writ petition can be filed on mere apprehension or without any cause of action which admittedly has not been 3 WP(C) No. 2318/2022 accrued in the present case and thus the present petition, in light of the aforesaid facts and circumstances is not maintainable and is liable to be dismissed.
8. In light of what has been stated hereinabove, the present petition being pre-mature is, accordingly, dismissed.
9. However, since the petitioners have projected apprehension that the respondents would change the terms and conditions of the tender without hearing them, therefore, it is observed that in case, if the respondents propose to change the terms and conditions agreed between the parties, they shall provide an opportunity of being heard to the petitioners before making such changes.
10. With these observations, the present petition stands disposed of.
(WASIM SADIQ NARGAL) JUDGE Jammu 03.11.2022 Shivalee