GH QADIR SHEIKH Vs. STATE

JUDGEMENT

(1.) IN view of nature of the controversy raised in these two writ petitions they have been ordered to be listed together and are accordingly taken up together for disposal.

(2.) OWP No. 521/01, is filed by the petitioner praying therein for issuance of writ of mandamus to command the respondents to make available information to the petitioner about enquiry which was allegedly ordered to be initiated vide order dated 14th July 2000. The petitioner has further prayed that writ of mandamus be issued to command the respondents to release the amount of carriage charges of food grains in view of the contractual relationship between the parties. Further relief has been sought that an amount of Rs. 2,60,500/ - as shown outstanding against the petitioner be recovered from respondent No.3 with further direction to initiate action under rules against respondent No.3.

(3.) THE cause for filing of this writ petition arose in view of the contract having been allotted in favour of petitioner for transportation of food grains from Chokibal to Budnambal in the year 1997 -98. The petitioner claims in the writ petition that because of the circumstances in which the petitioner was ushered into he could not ensure the proper carriage of food grains for which contract was allotted to him. The petitioner claims that he paid an amount of Rs. 2,60,500/ - to respondent No.3 as shortages were found in the food grains, which he transported from Chokibal to Budnambal, but the respondent No.3 has not deposited the same and accordingly the petitioner has been saddled with the responsibility of making good the shortage of food grains, which were entrusted to him for transportation from Chokibal to Budnambal. The petitioner further claims that he approached the authorities and eventually an enquiry was ordered to be conducted, but what happened to the enquiry is not known to the petitioner.