- (1.) HEARD learned counsel for the petitioner, Sri K.N. Mishra, learned counsel for respondent No. 5 and learned Standing Counsel for the State-respondents.
(2.) PETITIONER, before this Court, seeks quashing of the order dated 13th February, 2009 passed by the Additional Commissioner (Food and Civil Supply), U.P. Lucknow. Facts relevant for deciding the present writ petition, as borne out from the record are as follows : A tender notice was published by the Regional Food Controller, Kanpur Region, Kanpur on 11th September, 2004, inviting prospective godown owners to offer their bids for the godown being taken on rent by the office of Food Controller. The petitioner, at the relevant time, did not own a godown and admittedly, did not make any bid in response to the said tender notice. The details of the terms and conditions of the tender notice have not been brought on record. Learned counsel for the petitioner is not in a position to point out as to what was the last date for submission and opening of the bids. However, it is stated on his behalf that an agreement, in respect of godown situate at Kamalganj, District Farrukhabad, was entered into between the petitioner and the District Food and Civil Supply Officers, Farrukhabad on 15th May, 2007. Under the terms of the agreement, so entered, the lease in respect of the godown was to commence from 1st March, 2006 and was to remain valid for a period of 11 years (reference document enclosed as Annexure-5 to the writ petition).
(3.) RESPONDENT No. 5 namely, Shamsuddin, claims that in response to the tender notice he had submitted his application and since the rent asked for in the said tender by Shamsuddin was the lowest, a contract of lease was made in his favour and accordingly agreement in respect of the godown at Kamalganj for a period of 15 years was executed in his favour on 12th July, 2005. However, the Regional Food Controller, Kanpur Region, Kanpur issued a letter dated 20th April, 2006 permitting the godown of the petitioner being taken on rent. This led to the filing of the writ petition by respondent No. 5 before this Court being Civil Misc. Writ Petition No. 29568 of 2006. The writ petition was got dismissed as withdrawn. Thereafter, respondent No. 5 made a complaint before the Food Controller alleging therein that illegal contract has been entered into with petitioner by the District Food and Civil Supply Officers for the purposes of taking the alleged godown on rent with the petitioner i.e. Awdhesh Kumar Singh. On the complaint so made by respondent No. 5, the Regional Food Controller got the matter inquired and ultimately by means of the order dated 11th July, 2008, it has been found that the contract of lease which has been entered into between the petitioner and the department was an outcome of fraud played inasmuch as petitioner did not participate in the bids nor as a matter of fact he owned a godown on the relevant date when the tender bids were required to be opened. Accordingly the Additional Commissioner has issued following directions: (a) the godown on rent from Awdhesh Kumar Singh be vacated by the department immediately, (b) the amount of rent paid to Awdhesh Kumar Singh be recovered from the officers concerned involved in entering into such illegal contract with Awdhesh Kumar Singh, (c) the godown offered by respondent No. 5 be continued to be utilized by the department and payment of rent be made accordingly. The aforesaid order of the Additional Commissioner is being questioned before us only on the ground that the Additional Commissioner while passing the order, did not afford opportunity of hearing to the petitioner.;