HSGH COURT OF CHHATTESGARH AT BILASPUR DiVISJON HON'BLESHRIRAJEEVGUPTA,CJ.& HON'BLE SHR! SUNIL KUMAR SSNHA, J. Wrst Petitaon (PIU No.4046 of 2008 Balram Singh Thakur S/o Shri Chhabi Singh Thakur, Aged about 65 years, Member of Legisiative Assembiy, Thakatpur Constituency, Tehsil Kota, District Biiaspur (Chhattisgarh) Versus State of Chhattisgarh, through Secretary, Department of Agriculture, Mantralaya, D.K.S. Bhawan, Raipur (Chhattisgarh) Chhattisgarh State Co-operative Marketing Federation, through its Managing Director, 880, Civii Lines, Raipur (Chhattisgarh) M/s B.E.C. FertiSEzers, Through its Generai Manager, Sector-A, Sirgitti Industrial Area, Bilaspur, Distt. Bijaspur(Chhattisgarh) 4. M/s Jairam Phosphate Limited. Through its Genera! Manager, F-20 Geetamandir Compiex, Raipur (Chhattisgarh) 6. M/s Shriram Fertillzers and Chemlcais Limited, through its General Manager, 7-A, Rat!am Kothi, Agra-Bombay Road, Indore Madhya Pradesh. M/s Rama Phosphate Limited, Through its General Manager, 100 Chetak Centre N.X. 12/2, RNT Marg, indore (Madhya Pradesh) ^.^^^v^&^-^^w^w^^s.w^&s^^te.w^w. ^.8^%^^^.^ .^=>^;Z^^>M^-B-^.^=<;S&*^(^.-^J,y ^ 7. M/s Suhane Agro indla Private Limited, Through its Genera! Manager, L-6 Krishna Nagar, Daganiya, G.E. Road, Raipur (Chhattisgarh) , 8. M/s Madhu Fertiiizers Limited, Through its Genera! Manager, 20 Durga CoSIege Complex, K.K. Road, Raipur (Chhattisgarh) WiiiPetitlon.Under Article 226 ofthe Constitutlon of India Present: Shri Sanjay K. Agrawal and Shri Saurabh Sharma, iearned counsei for the petitloner. Shri Prashant Mishra, learned Advocate Generai with Shri Sumesh Bajaj, ieamed Govemment Advocate for the State. ORDER (20th August, 2008) The foilowing order of the Court was passed by Rajeev Gupta, C.J. Learned counse! for the partles are heard on admission. 2. Petltjoner - Balram Singh Thakur, Member of Legisiative Assembly from Takhatpur Constituency has fiied this writ petition styied as 'Public interest Litigation' forthe foilowing reiiefs: "10.1 That, this Hon'ble Court may kindly be pleased to cali for the entire records leading to the passing of the impugned order. 10.2 That, the Hon'bie Court may kindly be pleased to issue a writ of certiorari quashing the order dated 5.1.2008 and 22.12.2007 and deciare them as void and inoperative. 10.3 That, the Hon'bte Court may kindly be pieased to issue a writ of mandamus commanding the respondent No.1 & 2 to recover the enhanced amounts of singie super phosphate from the respondent No.3 to 8 and to properly account the same and further be pieased to refund the same to the concern person and further^e directed to make a detai!ed enquiry of the Impugned action by the Independent authority and erring officer and the respondent no.3 to 8 be prosecuted in accordance I 1 '•^vs^ ®) ^-^' with iaw including under the provision of essential commodities Act. 10.4 Any other relief which the petitioner is entitled and the Hon'ble Court may deem it fit." 3. The entire v^rit petition is based on the alleged breach of the terms ofthe agreement between respondent No.2 and respondents No.3to8. 4. In our opinlon, a writ petition styied as 'Public interest Litlgation' is not maintainabie in the matters invoJving breach of agreement or contractuat obligations. 5. The writ petition, therefore, Is liable to be dismissed and is herebydismissed summarily. subbu Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge