JUDGMENT :

Partha Sarathi Sen, J.

1. Challenge in this appeal is the judgement dated 22.12.2020 as passed by the learned Single Bench in WPA 9535 of 2020. By the impugned judgement learned Single Bench allowed the writ petition and thus quashed the decision of the respondent no.2/authority therein to terminate the agreement dated 17.12.2017 between the writ petitioner and the respondent no.2 therein and the notice dated 05.1.2020. The respondent no.2/authority of the said writ petition felt aggrieved and thus preferred the instant appeal.

2. For effective disposal of the instant appeal, the facts leading to initiation of the writ petition is required to be dealt with in a nutshell and those are as follows:-

i. On 17.02.2017 the appellant/authority herein and the private respondent no.1/writ petitioner entered into an agreement.

ii. The agreement was for sale of ‘21se Annapurna’ lunch scheme at the rate of Rs.21/- per plate by using the brand name of ‘Benfish’ of the appellant/authority. The said agreement contains several terms and conditions.

iii. The execution of the deed of agreement between the parties is however not disputed.

iv. According to the appellant/authority the respondent no