Paritosh Kumar Mukherjee, J. - (1.) In the present writ petition, the petitioner had challenged the impugned termination of M.R. Dealer Agreement dated February 3, 1977, passed by the Sub-divisional Controller, Food & Supply, Jalpaiguri, which was entered into between the Government of West Bengal and the petitioner, by invoking the provisions of Clause 12 of the Agreement.
(2.) It would be convenient for me to set out Clauses 12 and 13 of the said Agreement herein below for understanding its true purport: "12 The District Magistrate or the Controller with the approval of the District Magistrate, without assigning reason and without prejudice to the rights and remedies of the Government against the Distributor for any breach or contravention of the provisions of this agreement may suspend supply of foodstuff's to the Distributor forthwith and terminate this Agreement if in the opinion of the Controller, the Distributor has committed any breach of the terms and conditions of the Agreement or has failed to observe or carry out any directions given to the Distributor according to the provisions of this Agreement. The decision of the Controller in that behalf, shall be final. 13 Notwithstanding anything hereinbefore contained, the District Magistrate or the Controller, as the case may be, shall at any time be at liberty in his uncontrolled discretion and without assigning any reason to terminate this agreement for and on behalf of the Governor on giving one month's notice in writing of his intention so to terminate this agreement and the Distributor shall have no claim for losses or damages on that account against the Government and similarly the Distributor shall be at liberty to terminate this agreement after giving similar notice as aforesaid."
(3.) Although initially no interim order was granted on March 7, 1977, by Amiya Kumar Mukherjee J (As His Lordship then was), but subsequently on April 19, 1977, His Lordship granted the interim order of injunction and restrained the respondents from giving any effect to the impugned order, being Annexure 'B' to the writ petition until further orders, with liberty to the respondents to apply for variation and vacation of the interim order upon notice to the petitioner.;