S.A NGAMO AGENCY Vs. FOOD CORPORATION OF INDIA

JUDGEMENT

(1.) The petitioner- M/s S.A Ngamo Agency, carrying on trade of transporting goods/good grains from railheads in reveral North Eastern States through the National Highways, has filed the present writ petition with the following prayer:

(2.) The case of the petitioner is that they have been appointed as regular Road Transport Contractor from FSD/CWC Dimapur to FSD Sangaiprou for a period of two years vide office order dated 25.04.2019. FSD Sangaiprou is in Manipur, wherein the petitioner unload the rice loaded from CWC/FSD Dimapur. From the date of award of contract the petitioner has been allotted 2500 MTs till May, however, for the month of June, 2019, the allocation of rice has been reduced to 1000 MTs and hence, on 04.06.2019, the petitioner submitted a representation for reviewing the monthly proposed Inter-Regional Road Movement Programme for June, 2019 for transportation of rice in respect of FDS/CWC Dimapur to FSD Sangaiprou. Based on the request of the petitioner, the allocation of rice has been increased to 3500 MTs for the month of July, 2019 and the same would be evident from the letter dated 01.07.2019 of FCI.

(3.) Further case of the petitioner is that the allocation for the month of August, 2019 has been reduced to 1000 MTs and there was no allocation for the month of September, 2019. Since such an act of reduction and non-allocation affected the petitioner's Freedom of Trade and Commerce, on 30.09.2019, they have submitted another representation for allocation in the monthly proposed Inter-Regional Road Movement Programme of rice in respect of FSD Dimapur to FSD Sangaiprou. Similarly, there was no allocation for the month of October, 2019. Being aggrieved by the non-allocation of rice for transportation along the Dimapur- Sangaiprou Sector, the petitioner has filed W.P.(C) No.876 of 2019 and by an order dated 22.10.2019, this Court granted an interim order for consideration of the proportionate allocation of rice for transportation. Pursuant to the interim order of this Court, the FCI allotted the rice as under: