ZIMOMI TRADERS Vs. FOOD CORPORATION OF INDIA

JUDGEMENT

(1.) Heard Mr. H.S.Paonam, Learned Senior Counsel assisted by Mr. S. Gunabanta, Learned Counsel for the petitioner; heard also Mr. A.Romen kumar, learned counsel for the FCI as well as Mr. Kh. Samarjit, learned counsel for respondent No. 5.

(2.) The present petition has been filed seeking quashing and setting aside of the NIT dated 28.06.2017 for appointment of Road Transport Contractor for transportation of rice from Salchapra, Assam to FSD Sangaiprou and FSD Koirengei (Hired), Imphal and for a direction to the respondent FCI for issuing a fresh advertisement in terms of the letter dated 15.04.2016 which highlighted the necessity for reducing cost in transportation.

(3.) The main grievance raised in this petition is that the aforesaid NIT dated 28.6.2017 was issued by the FCI, contrary to its own earlier decision that upon commission of the Railhead at Jiribam, which is nearer than any other railhead, the cost of transportation would be cheaper from Jiribam to Sangaiprou and Koirengei respectively, and as such floating the tender for transportation of rice from a place beyond Jiribam Railhead would entail more expenses. Further, it has been also alleged that the said advertisement was issued to favour certain group with vested interest and which would affect the fundamental right of the petitioner to engage in trade and commerce as guaranteed under the Constitution.