Dinesh Mishra v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2677 of 2016 Dinesh Mishra, S/o Late Shri Nandram Mishra, aged about 54 years, R/o Link Road, in front of Gyan Bharti School, Tahsil and Police Station Janjgir, Janjir, District Janjgir-Champa (C.G.) ---- Petitioner versus

1. Union of India, Through the Secretary, Ministry of Food, Consumer Affairs and Public Distribution, Krishi Bhawan, New Delhi-110001

2. Food Corporation of India, through the Managing Director, Food Corporation of India, 16-20, Barakhamba Lane, New Delhi- 110001

3. General Manager (R), Food Corporation of India, C.G. Regional Office, Vidhan Sabha Road, Pandri, Raipur, District Raipur (C.G.) ---- Respondents For Petitioner :

Shri Prateek Sharma and Shri Pawan Shrivastava, Advocates For Respondents 2 & 3 :

Shri Sunil Pillai, Advocate Coram:

Hon'ble The Chief Justice Hon'ble Shri Sanjay Agrawal, J.

Order on Board 19/12/2016

1. Shri Prateek Sharma states that negotiations have been held between the parties. He has been informed that the rates quoted by his client is higher than the rate which has been quoted for the work. He further submits that his client is not willing to do the work of godown handling.

2. Shri Pillai submits that whereas the Petitioner has quoted 50% above SOR during negotiations, but the party which has submitted the tender for godown handling at 1.8% above SOR and he has instructions that the FCI wanted to hand over the work to the new tenderer at 1.8% above SOR.

3. Since the petitioner does not want work at 1.8 % above SOR nothing survives in this writ petition and the Respondents may take further action according to law. However, it is made clear that the Petitioner shall be permitted to continue doing the work which has been awarded to him except godown handling.

4. The writ petition stands disposed of.

Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) CHIEF JUSTICE Judge vatti