- (1.) The Court : The facts, inter alia, leading to this writ petition are that on or before 8th of July, 1987 the respondent No. 1 issued an invitation to tender for the sale of pressure parboiled rice (Sela) superfine and other common varieties lying at the Food Corporation of India godown at various places.
(2.) Pursuant to the aforesaid notice inviting tender the petitioners tendered for a portion of goods put up for sale and a contract was concluded between the petitioner No. 1 and the respondent No. 1 for sale of 480 M.T. of P.P.B. Rice Superfine (84-85) per quintal for a total price of Rs. 10,90,080.00p. The said tender was accepted by the respondents by telegram No. D/1(1)/PPB/RICE/DISP/TEV/87 dated 17th July, 1987. A copy of the telegram has been annexed to the writ petition and marked with the letter 'A'.
(3.) Pursuant to the aforesaid the petitioner duly deposited the total sale price being a sum of Rs. 10,90,080.00. The respondent No. 1 issued a release order dated 13th of August, 1987 valid upto 11th of September, 1987 for releasing of 440 M.T. of the materials on the terms and conditions which will appear from the said release order which has been annexed to the writ petition and marked 'B'. The respondents did not issue release order for the entire material though the entire price for 430 M.T. had in fact been deposited by the petitioners with the respondents.;