220 HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLE BENCH : HON’BLE SHRI S.R. NAYAK, CJ. m Writ Petition No.2755 of 2003 Petitioner Rajesh Kumar Murarka Aged about 41 years S/o Shri N.M. Murarka R/o 126, T.P. Nagar, Korba (C.G.) Versus South Eastern Coalfields Ltd. ' t Through Chairman cum Mgh'a/ging Director, Seepat Road, . Bilaspur (Chhattisgarh) 2. Chief Genera! Manager (Contract Managem ent Cell) South Eastern Coalfields Ltd. Seepat Road, Bilaspur (C.G.) 3. Chief General Manager, Gevra Area, Korba (C.G.) Resgondents Present : Shri N.L. Soni learned counsel for the petitioner. Shri Vinay Harit, learned Sr. Adv. with Shri N. K. Shrivastava, learned counsel for respondents No. 1 to 3. ORAL ORDER (Passed on 20.7.2006) This writ petition is liable to be dismissed in limine for more than one reason. Firstly, the petitioner cannot have any legitimate grievance against condition 43 of the agreement. Condition 43 of the agreement provides that “the coal should be loaded in the tipper(s)/truck(s) maximum registered carrying capacity only and the same shall be“ checked on trip basis and the transporting charges for the quantity of . coal loaded beyond the registered carrying capacity shall not be allowed as a penalty." lt is trite that in terms of the agreement, the petitioner- contractor is permitted to carry the goods up to the prescribed maximum weight and not beyond that. Secondly, the petitioner was awarded the contract for transportation of goods only for a period of 25-1 1-2002 and that term itself expired long back. Thirdly, the prayer of the petitioner to #1.. the respondents to redraft the terms and cond instituting appropriate proceedings before the jurisdictional That right is reserved to the itions issue mandamus to of the agreement is required to be noted only to be rejected in Iimine. because, such relief‘could not be granted to the petitioner. Furthermore, issuance of such direction at this distance of time would not arise. if there is any vioiation of rights and obiigations by the contracting parties arising out of the contract, it is for the petitioner to work out his legal remedies by Civil Court or under arbitral clause. petitioner. Writ petition is, therefore, dismissed. x ‘Sd/‘ _ CHIEF JUSTICE