NAVIN CHAWLA - (1.) This petition has been filed by the petitioner with the following prayers:- 'In view of the above stated facts and circumstances of the case it is most humbly prayed that this hon'ble court may kindly be pleased to issue a writ of mandamus, certiorari and/or any other appropriate writ or directions thereby prohibiting the respondent nos.2 and 3 from transferring (i) En-bloc 246 departmental labourers of FSD Narayanpur Anant (NRPA), Muzaffarpur (Bihar) (ii) En-bloc 61 labourers of ARDC Jamui-Bihar (notified depot), to any other depot with a view to substitute them with contract labourers under the mandate of guidelines dated 12.07.2016 and 31.12.2020 issued by the FCI, challenged by way of writ petitions (civil) no. 5449 of 2021 (formulated under the garb of the notification for exemption u/s 31 of the CL (R& A) act 1970 Challenged vide Writ Petition (Civil) no. 6192/2016, writ petition bearing No. 7627/2016 and Writ Petition No. bearing 7241/2016 pending in this Hon'ble court) and in addition to above, quashing thee - tender notice no.S& c -13/1/2021/e - tend/nit dated 19.05.2021 for the appointment of contractor, and all the proceedings initiated in furtherance thereof and pursuant thereto. Such other or/and further orders may also be passed in favour of the petitioners and against the respondents as this Hon'ble Court may deem fit and proper under the present circumstances of the case.'
(2.) As is evident from the above, the petitioner challenges the transfer of departmental labourers posted at FSD Narayanpur Anant (NRPA), Muzaffarpur (Bihar) and labourers posted at ARDC Jamui-Bihar, as also the E-tender dated 19.05.2021 issued by the Food Corporation of India (FCI), Regional Office, Patna.
(3.) On the query made to the learned counsel for the petitioner that as the cause of action pleaded by the petitioner has arisen in Patna, this Court would lack territorial jurisdiction for entertaining the present petition, the learned counsel for the petitioner submits that the impugned action has been taken by the respondents pursuant to the Guidelines dated 12.07.2016 issued by the FCI and the challenge thereto is pending adjudication before this Court. He further submits that a similar petition challenging the transfer of labourers posted at Assam has been entertained by this Court in W.P. (C) 5449/2021, titled FCI Handling Workers Union vs. Union Of India and Anr.;