HIGH CGURT (3F CHHATTISGARH AT BILASPUR %a\ WRIT PEWTION No. 2138 of 20m ETKTIONER : Rakesh Kumar Agrawal sor: of Shri Bah‘am Agrawa], aged $301K 42 years, resident of Agasen Bhawan Marg Tehsil and District Korba (C.G.) VERSUS p;m . South Easiem Coalfwlds Ltd. Acting through Chairman Cum Managing Director? Seepat Road, Biiaspur (CG) The Chief General Manager, South Eastern Coaléielas Ltd. Gevra, Dim. Korba (CG) r3. The C.M.E./Pioject Oiiieer Souih Eastern Coaifieids td. Gevra Korba (CG) 4. The Dy. Chief Area Fiiiance Manager, Scum Eastern Coalfield Ltd. Gevra Area. RIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF BEIA SB: Him’ble Shri Satish K. AGnihetri, J. Present Shi‘i N.L.Soni, Advocate for the petitioner. Siii‘i RSKeshy: Advocate fer the respondeiits. RESPONDENTS 5Q GRBER g GRAL; r... (Passe§ 0n 06 day of August, 2099) The writ peiition is iiabie t0 be dismissed in gimme fer more than one reason. Fiisily. the petitioner cannot have any iegitimate grievance against condition 43 of the agreement. Condition 43 ofthe ag‘eement provides that “the coai shouki be ioaded in the ti‘ippei‘(s)/Truck(s) maximum registered canying capacity only and the same shall be eheeked on trip basis and the transporting charges fer the quantity of coai ioaded beyond the registered canying capacity shaii net be aiiowed as pehaity.” It is trite that in terms of the agreement, the petitioner-coatraetor is permitted to (carry the goods up to the prescribedi maX «,1 i weight and not beyond that. Secondly, the petitioner was awarded the eootraet i‘or transportation of goods only for a period of 25. 1 1 .2OG2 and that term ix. itseif’expired long back. Thirdly: the prayer of the oetitioner to issue mandamus P W E-mmmm ’30 the rasyondents to redrafL th: terms anti conditions of the agreement is $34 rsquired to be neied onEy to ba rejected in lz'mirze, because, such re1ief coulci 310% be grantad ta the yetiiioner. Furthermore, issuance 0f such direction at ihis disiame 0f tima wouid not arise. If théi‘e is any viaiaiiml of rights and obiigaiions by {he contracting parties arising out of the coiitract, it is for the i pemioner to werk 0m his iegal remedies by instituting appropriate proceedings before the jurisdictionai Civil Court or under arbitrai ciause. The: right is reserved to the petitiorier. Writ petition is, therefore, dismissed. Sdl— Agnihoni Satish K. Agnihoni V ‘ Judge We Amit