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MANISH CHOUDHURY
Vihuto Assumi – Appellant
Versus
State of Nagaland Represented by the Commissioner & Secretary, Department of Tourism – Respondent
JUDGMENT :
Manish Choudhury, J.
Both the writ petitions have been preferred under Article 226 of the Constitution of India by the petitioner being aggrieved by the impugned actions on the part of the respondent authorities in the Tourism Department, Government of Nagaland.
2. It is the case of the petitioner that he is an indigenous inhabitant of Zunheboto District in the State of Nagaland. Pursuant to an application submitted by him and after having entered into a discussion with the authorities in the Directorate of Tourism / Tourism Department, Government of Nagaland, the petitioner entered into an agreement, styled as ‘Lease Deed Agreement’, on 06.09.2022, with the petitioner on one side and the Directorate of Tourism / Department of Tourism, Government of Nagaland, represented by the Director of Tourism, Nagaland on the other side. It is stated that the respondent Tourism Department is the sole legal owner of a landed property, that is, Tourist Lodge at Dimapur. By the Agreement dated 06.09.2022, an asset of the Tourism Department, ‘Restaurant [Catering Service]’ located at the Tourist Lodge, Dimapur was given on ‘lease’ to the petitioner for a period of 5 [five] years as per the
The court ruled that the agreement was a non-statutory, determinable contract, not enforceable under Article 226, and any claims should be pursued in civil court.
The petitioner, as a commission vendor, has no legal right to assert that he can continue to act as a commission agent from the stall located at Platform no. 1 and to assail the decision of the respo....
Point of law: Existence of an arbitration clause cannot be a ground for non maintainability of a writ petition under Article 226 of the Constitution of India. But it is the discretion of the High Cou....
The court ruled that a Commission Vendor has no inherent right to operate from a specific stall, emphasizing the principal-agent relationship and the public interest in maximizing revenue.
Public interest and fairness must govern the tendering process, prohibiting judicial intervention in absence of mala fides or arbitrariness.
The court clarified that rights under a mining lease are contractual and not necessarily protected under constitutional articles; any disputes must be addressed in civil proceedings.
As the contract between the petitioner and the respondent Corporation, an instrumentality of the State, is under the realm of a private law and there is no element of public law, the only course for ....
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