The authority has the discretion to redistribute work among contractors as per operational needs, and earlier agreements do not grant absolute rights against subsequent rationalizations.

JUDGMENT :

A. Abhishek Reddy, J.

Re:- I.A. No. 01 of 2025

For the reasons stated in the Interlocutory Application, it is allowed.

2. Registry is directed to make the necessary amendments in the prayer portion of the writ petition.

3. Heard the learned counsel for the parties.

4. This writ petition has been filed for the following relief(s):-

“a) For issuance of appropriate Writ/Writs, direction/directions or orders/order especially in the nature of mandamus, commanding the respondent no. 5, District Manager, B.S.F.C.S.C., West Champaran, Bettiah to protect and allow the petitioners, an empaneled door step delivery contractors to freely transport the food grains from State Food Corporation godown to fair price shop dealers' godown, pursuant to the execution of individual agreement dated 22/11/2024 between them and the respondent no. 5, District Manager, S.F.C., West Champaran, Betiah for three years as the respondent no. 5, District Manager, BSFC, West Champaran has recently floated a notice inviting tender being NIT No. 639 for empanelment of four post of DSD contractors with respect to the execution of same work which the petitioners are already executing;

(b) For issuance of appropriate Writ/Writs, direction/directions or orders/order preferably a writ of mandamus directing the respondent authorities of the B.S.F.S.C., Patna to strictly adhere with the terms of the agreement dated 22/11/2024 and consequentially allow the petitioners to execute the work in tune with it letting no other contractors to interfere with their work of transportation of food grains as that would seriously prejudice them leading to civil consequence which would violate their fundamental right of "Right to carry any occupation, trade or business" under Article 19 (1) (g) of the Constitution of India;

(c) For issuance of appropriate Writ/Writs, direction/directions or orders/order especially a writ of certiorari quashing the notice inviting tender being NIT No. 630, issued by the respondent no. 5, District Manager, B.S.F.C., West Champaran, Bettiah for empanelment of four posts of DSD contractors for transporting of food grains from SFC godown to fair price shop dealers godown on the ground that same has no jurisdiction in as much as earlier agreement entered between him and the petitioners for executing the same work is subsisting and is due to expire on 22/11/2027;

(d) For issuance of appropriate Writ/Writs, direction/directions or orders/order especially a writ of prohibition restraining the respondent authorities of the B.S.F.C., Patna in particular the respondent no. 5, District Manager, B.S.F.C., West Champaran, Bettiah from processing and finalizing the notice inviting tender being NIT No. 630 on that ground that the decision of floating such tender prima facie appears to be a product of colorable and arbitrary exercise of public power in as much as with respect to same work, right given to the petitioners pursuant to the agreement dated 22/11/2024 for three years is still subsisting;”

5. An Interlocutory Application No. 01 of 2025 has been filed for making some amendments in the prayer portion as under:

“The present interlocutory application is being filed by petitioners for part quashing and modified the work order vide memo No. 961 dated 12.9.2025 and further pray for not interfere in earlier work order issued in favour of petitioner vide memo No. 1189 dated 26.11.24.”

6. It is the case of the petitioner that he was empanelled as a DSD (Door Step Delivery) contractors for transportation of foodgrains from State Food Corporation Godown to the fair price dealers godowns and other places. That the petitioner pursuant to the notice inviting tenders issue