DEIPORMI DKHAR Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2020-1-4
HIGH COURT OF MEGHALAYA
Decided on January 28,2020

Deipormi Dkhar Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

MOHAMMAD RAFIQ,CJ. - (1.) Writ petition No.304 of 2019 filed by Shri Deipormi Dkhar seeks to assail the order dated 07.08.2019 terminating the renewal lease agreement dated 09.01.2018 whereby he was permitted to operate the weighbridge at Ratacherra, East Jaintia Hills District, Meghalaya for three years w.e.f. 09.01.2018, on annual license fees of Rs.1,80,000,00/- payable in three installments i.e. on the 7th day of the month and sharing of 50% weighment fees. The petitioner has also challenged the order dated 07.08.2019 shifting the weighbridge from the present location belonging to the land of private respondent No.9 with the prayer that same be declared illegal and unconstitutional. A further prayer has been made to direct the respondent-State to restore the existing weighbridge to the petitioner for a period of three years under the existing renewal lease agreement dated 09.01.2018 read with the Meghalaya Installation, Regulation, Maintenance and Operation of Weighbridge Rules, 2009 [for short 'the Rules of 2009'] excluding the time utilized by the State respondents w.e.f. 25.05.2018 to 13.07.2019.
(2.) Writ Petition No.334 of 2019 is an off-shoot of the Writ Petition No. 304 of 2019, which too has been filed under Article 226 of the Constitution of India by the same petitioner, challenging the Notice Inviting Tender [NIT] dated 13.08.2019 published in local newspaper, namely, Mawphor on 19.08.2019, notifying the same weighbridge for being given on lease, with a prayer that it may be declared illegal, unconstitutional and quashed.
(3.) Since the outcome of the second writ petition [WP (C) No.334 of 2019] is dependent on decision of the first writ petition [WP (C) No.304 of 2019], we shall treat the first writ petition as the lead case for deciding both the writ petitions.;


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