CW 12962/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.12962/08 Dholpur Mahila Prathmik Sahkari Upbhokta Bhandar Ltd. Versus State of Rajasthan & Ors. DATE OF ORDER : 17/04/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Keshav Agrawal, for petitioner Mr. Chetan Bairwa, Addl. Govt. Counsel, for State Mr. Kawal Singh Loha, for respondent *** Instant petition has been filed by petitioner-Society assailing order of the Government dt.24th October, 2008 whereby in the mid of financial year 2008-09 effective from November, 2008 private individuals were authorized as handling & transport agent without taking note of the fact that as per guidelines issued by the Government Ann.6 dt.21st September, 2004, priority/preference has to be given to the societies to work on rates fixed by the department. It appears from the order impugned that individuals have come forward to work on 12.51% less than the rates fixed by the department and that might have been considered as one of the consideration for the government to issue contracts to private individuals. CW 12962/08 [2] Petitioner-society is working as handling & transport agent for Tehsil Rajkhera from financial year 2004-05 continuously and their contract was determined from October, 2008, but nothing came on record by which it could be inferred that there was any complaint against petitioner or it violated any terms & conditions of contract. While issuing notice, on 13th January, 2009, this court passed interim order – pursuant to which the added respondent to whom contract was executed also not permitted to work as handling and transport agent and by passage of time the contract period for part of financial year 2008- 09 in terms of order Ann.8 dt.24th October, 2008 expired on 31st March, 2009 and even as per guidelines Ann.6 dt.21/9/2004 contracts are issued from year to year basis. Since period of contract has expired, no purpose would be served in examining the dispute on merits which the petitioner has raised in the instant petition. However, this court would like to observe that once guidelines have been issued by the Government dt.21st September, 2004 to give preference under Clause five to the societies for CW 12962/08 [3] handling & transport agent on rate fixed by the department i.e. ordinarily to be implemented unless there are justifiable reasons to be taken note of by respective Collectors/District Supply Officers while granting contracts to individuals. Since the period of contract as referred to supra has expired on 31st March, 2009, no purpose would be served. Consequently, writ petition stands dismissed as having become infructuous. However, respondents will be free to enter into contract taking note of their guidelines referred to in Ann.6 dt.21/9/04 in accordance with law. [AJAY RASTOGI], J. FRBOHRA12962CW08 17-4.doc