Santosh Majumder vs Food Corporation of India & Ors.

H.S. Thangkhiew, J

Heard Mr. B.Chakraborty, learned counsel for the petitioner.

Issue notice.

Mr. B.K.Singh, learned counsel is present and accepts notice on behalf of all the respondents, as such, no further notice is called for.

The instant matter as submitted by Mr. B.Chakraborty, learned counsel for the petitioner concerns the award of a transportation and handling contract by the FCI which the writ petitioner for transportation, had been settled with for two years with the operative dates from 18-02-2024 to 17-02-2026 which is being sought to be terminated by a fresh tender dated 16-01-2025. The grievance is that by the tender dated 16-01-2025, for the same component of transportation and handling at Arundhutinagar which is being operated by the petitioner, a fresh tender had been floated.

It is submitted that with the transportation contract still subsisting, the action of the respondents in floating the fresh tender for the said component is illegal and as such, learned counsel prays that some protection be given at this stage.

Mr. B.K. Singh, learned counsel on behalf of the respondents however, has submitted that a policy decision has been taken to vest the transportation and handling operations with one single operator, and in this view of the matter, notwithstanding the fact that some period is still subsisting with regard to transport with the petitioner, as the handling contract is due to expire on May, 2025, the respondents have conducted this exercise and floated a fresh tender. He therefore, submits that no interference is called for at this stage and the respondents be allowed to implement the said policy decision. It is further submitted that the writ petitioner has already participated in the bidding process and has submitted his bids in the new tender that had been floated and as such, he is estopped from challenging the same at this stage.

Heard learned counsel for the parties on the interim stay.

It is a fact that the writ petitioner is in possession of a subsisting contract with the respondents with regard to the transportation of foodgrains from Rail Head Jirania to FSD Arundhutinagar, which is to terminate on February, 2026. Further, it is not disputed that presently the writ petitioner is also engaged in the handling operations at Arundhutinagar, but however, the same is to lapse on May, 2025.

In this view of the matter, this Court on perusal of the materials on record and on hearing the learned counsels, at this stage sees that some questions arise which needs further clarification before final orders are passed.

Accordingly, the respondents are directed to produce the records and file an affidavit within two weeks.

List this matter on 28-02-2025 for admission hearing.

It is further provided that till the next date, the tender dated 16-01-2025 shall not be acted upon by the respondents.