- (1.) Aggrieved by tender notice published in daily newspaper "Prabhat Khabar" on 22.7.2015, the present writ petition has been filed. The petitioner entered into an agreement for supply of foodgrains under "Door Step Delivery" scheme on 1.8.2014 which was valid upto 31.3.2015. For the subsequent year another agreement was executed on 11.3.2015 which was valid upto 31.3.2016. During the currency of the agreement executed between the parties, the respondent-Deputy Commissioner has issued advertisement on 22.7.2015 inviting applications for supply of foodgrains under "Door Step Delivery" scheme. Aggrieved the petitioner has approached this Court.
(2.) The learned counsel for the petitioner submits that the petitioner has previously executed work under agreement dated 1.8.2014 without complain. For the subsequent year, another agreement has been executed on 11.3.2015 and there has been no complain against the petitioner. The said agreement is subsisting till 31.3.2016, however, for the remaining period, the impugned advertisement has been issued which has caused serious prejudice to the petitioner. It is submitted that for executing work under agreement dated 11.3.2015, the petitioner has invested huge amount and he had arranged vehicles for transportation of foodgrains and thus, the petitioner has altered his position. The respondents are bound under agreement dated 11.3.2015 to permit the petitioner to execute the work under agreement. The agreement cannot be terminated without issuing a show-cause notice and disclosing the reason for awarding the work under the said agreement to another tenderer by inviting advertisement dated 22.7.2015. Per contra, the learned counsel appearing for the respondent-State of Jharkhand submits that advertisement dated 22.7.2015 has been issued in view of the National Food Security Act, 2013. The State is under a duty to implement the provisions of the said Act and therefore, in the changed circumstances, advertisement dated 22.7.2015 has been issued.
(3.) I have carefully considered the rival contentions raised on behalf of the parties and perused the documents on record.;