JUDGMENT

Sabyasachi Bhattacharyya, J. - The petitioner no. 1-company and the petitioner no. 2, its director/shareholder, have moved the instant writ petition against a notice of termination of contract to supply various food products under the name of the respondent no. 2 to financially underprivileged sections of the society, entered into between the parties on February 17, 2017. The notice was dated November 5, 2020 and set out alleged violation of Clauses 6, 7, 8, 22 and 23 of the said contract as grounds for cancellation of the same. The distribution of food items pertain to a government scheme named "21se Annapurna".

2. Learned counsel for the petitioner argues that the respondents violated Article 14 of the Constitution of India by arbitrarily terminating the contract. As such, irrespective of the existence of a contractual relation between the parties, this court can interfere with such termination under Article 226 of the Constitution of India.

3. In support of such contention, learned counsel cites a judgement reported at ( Mahabir Auto Stores and Ors. vs. Indian Oil Corporation and Ors, (1990) AIR SC 1031 .) for the proposition that every action of the State or an instrume