Kanaka Tea Estate v. The Food Corporation of India and 5 Ors

ORDER

30.08.2024

¶1Heard Mr. A. C. Borbora, learned Senior Counsel assisted by Ms. N. Dey, Page No.# 4/5 learned counsel for the petitioner. Also heard Mr. P. K. Roy, learned Senior Counsel assisted by Mr. S. K. Chakraborty, learned counsel for the respondent No. 1 and Mr. K. Agarwal, learned Senior Counsel assisted by Mr. B. K. Singh, learned counsel for the respondent No. 3.

¶2The writ petition being WP(C)/683/2023 was filed with a grievance that the petitioner was duly appointed as a handling contractor by the respondent FCI, however, such contract was discontinued without any notice. In the aforesaid backdrop while issuing notice, this Court under its order dated 08.02.2023, passed an interim order providing that the impugned discontinuation of the contract shall not be given effect till the returnable date.

¶3Alleging that even after such clear order, the respondent did not comply with such an order, the connected contempt petition being Cont.Cas(C)/102/2023 was filed.

¶4Mr. Borbora, learned Senior Counsel, in his usual fairness submits that though initially the petitioner was ousted for more than a month, however, subsequently, he was allowed to continue with the contract in terms of this Court's interim order and in the meantime, the period of contract is over.

¶5In view of the aforesaid submissions, nothing survives to be adjudicated in the present writ petition. Accordingly, the writ petition stands closed without prejudice to the right of the parties to seek remedy under the terms of the contract.

¶6So far relating to the contempt petition, Mr. Borbora, learned Senior Counsel fairly submits that the alleged contemnor has filed an affidavit and has sought for an unconditional apology and explained the conduct. In the aforesaid background, Mr. Borbora, learned Senior Counsel submits that the contempt may be closed, however, the fact remains that for the illegal action of the respondent Page No.# 5/5 authorities, the petitioner has suffered financial losses and therefore, he must be compensated in this regard.

¶7This Court has given anxious consideration to the submissions advanced by the learned counsel for the parties. Also perused the affidavit filed by the respondent authorities.

¶8From the affidavit, it is seen that the order dated 08.02.2023 passed in WP(C)/683/2023 was not immediately complied with, though the same was later on complied with and an unqualified apology has been sought by the concerned official. Such apology is accepted. However, such acceptance shall not prejudice the right of the petitioner for seeking any damages and compensation. Accordingly, this contempt petition stands closed.

¶9However, it is provided that if the petitioner is still aggrieved for the losses alleged to have been caused to him, the petitioner shall be at liberty to seek damages and compensation and any observation made in this order shall not prejudice the rights of the contesting parties in the proceeding that may be filed.

¶10Accordingly, both this writ petition and contempt petition stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010039232023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooooCaseooNo:oWP(C)/683/2023 KANAKAoTEAoESTATE REP.oBYoITSoSOLEoPROPRIETORoDILIPoKUMARoSAIKIA o AGEDoABOUTo58oYEARS o S/O-oLT.oBHADRESWARoSAIKIA o LONGDONGBASTI oSALONA o NAGAON-o782139 o ASSAM. oVERSUS THEoFOODoCORPORATIONoOFoINDIAoANDo5oORS REP.oBYoITSoCHAIRMAN-CUM-MANAGINGoDIRECTOR o BARAKHAMBAoROAD oNEWoDELHI o PIN-o110006. 2:THEoGENERALoMANAGERo(REGIONAL) oFOODoCORPORATIONoOFoINDIA REGIONALoOFFICE oASSAMoREGION o PALTANBAZAR oGUWAHATI Page No.# 2/5 ASSAM PIN- 781008. 3:THE ASSISTANT GENERAL MANAGER (CONT) FOOD CORPORATION OF INDIA REGIONAL OFFICE ASSAM REGION PALTANBAZAR GUWAHATI ASSAM PIN- 781008. 4:THE DIVISIONAL MANAGER FOOD CORPORATION OF INDIA DIVISIONAL OFFICER GUWAHATI ASSAM PIN- 781007. 5:THE MANAGER (DEPOT) FOOD CORPORATION OF INDIA FSD NEW GUWAHATI COMPLEX GUWAHATI- 781021 ASSAM. 6:M/S KRISHNA ENTERPRISE (PROPRIETOR- SURJYA KALITA) H.NO. 12 ANANDA NAGAR SIX MILE KHANAPARA KAMRUP(M) GUWAHATI- 781022 ASSAM. ------------ Advocate for : MR A C BORBORA Advocate for : SC F C I appearing for THE FOOD CORPORATION OF INDIA AND 5 ORS WITH Case No. : Cont.Cas(C)/102/2023 Page No.# 3/5 KANAKA TEA ESTATE REP. BY ITS SOLE PROPRIETOR DILIP KUMAR SAIKIA, AGED ABOUT 58 YEARS, S/O- LT. BHADRESWAR SAIKIA, LONGDONGBASTI, SALONA, NAGAON- 782139, ASSAM VERSUS RAJESH CHAUDHARY AND 2 ORS GENERAL MANAGER (REGIONAL), FOOD CORPORATION OF INDIA, REGIONAL OFFICE, ASSAM REGION, PALTANBAZAR, GUWAHATI, ASSAM, PIN- 781008 2:ROOP SINGH MEENA DIVISIONAL MANAGER FOOD CORPORATION OF INDIA DIVISIONAL OFFICE GUWAHATI ASSAM PIN- 781007 3:RAM NARAYAN TIWARI MANAGER (DEPOT) FOOD CORPORATION OF INDIA FSD NEW GUWAHATI COMPLEX GUWAHATI- 781021 ASSA Advocate for the Petitioner : MR A C BORBORA, MR. N BORPATRAGOHAIN,MS. N DEY,MRS. R BORBORA Advocate for the Respondent : MR I S MAZUMDAR (R3), MR B K SINGH (R3),MR K AGARWAL (R3),MS. M DUTTA (R1),MRS. A CHAKRABORTY (R1),MR. S K CHAKRABORTY (R1),MR. P K ROY (R1),MS. A AZAD (R3) BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY