M/s Uttaranchal Foods, Bazpur vs State Of Uttarakhand & Anr

Manoj Kumar Tiwari, J

Mr. G.S. Negi, learned Addl. C.S.C. makes a statement that office of C.S.C. has received copy of the writ petition on 05.07.2021. In such view of

the matter, first defect pointed out by the Registry is removed. Second defect is trivial in nature; therefore, same is also overruled.

Heard learned counsel for the parties through video conferencing.

A rice mill was leased out to the petitioner in the year 2015 by respondent no.2. The lease deed is on record as Annexure-2 to the writ petition,

which indicates that the lease was only valid upto 14.07.2021. Since the period of lease is about to end, therefore, respondent no.2 has issued a tender

notice for grant of lease in respect of rice mill. Feeling aggrieved by the tender notice, petitioner has approached this Court, seeking the following

reliefs:-

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned advertisement no.30 dated 02.07.2021 issued by respondent no.2 by

which the respondent no.2 has invited the tenders for rice mill situated at Bazpur Co-operative Sale Purchase Society Limited Bazpur, District Udham

Singh Nagar for three years, without full consumption of the petitioner’s stock, annexure no.1 to the writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to permit the petitioner to continue the work till supply of

his entire government/private stock of rice lying with the petitioner, else the petitioner shall suffer irreparable loss and injury and the same cannot be

compensated by any means.

Since petitioner’s lease was only till 14.07.2021, therefore, respondent no.2 is justified in issuing tender notice inviting bids from interested

parties. In such view of the matter, there is no scope for interference with the tender notice, as published in Dainik Jagran Newspaper on 30.07.2021.

Learned counsel for the petitioner submits that petitioner is having about 2605 quintals rice belonging to the State Government and about 10,000

quintals private rice, which is lying in the rice mill, which cannot be removed without movement order. If that is so, petitioner shall be at liberty to

approach the Competent Authority by making a representation.

Accordingly, writ petition is disposed of with liberty to the petitioner to approach the Competent Authority by making a representation. If such

representation is made within 48 hours, decision thereupon shall be taken as early as possible, preferably within four weeks thereafter.