1. The petitioner has filed this petition seeking issuance of writ of certiorari for quashing communication dated 12.01.2013 read with communication dated 31.01.2013 issued by respondent no.3 whereby the request of the petitioner to transfer his Contract Carrying Capacity from Northern Command to the Western Command to the extent of Rs. 8.50 Crores has been rejected. The petitioner has further prayed for issuance of writ in the nature of Mandamus for commanding the respondent authorities to transfer the Contract Carrying Capacity of Rs. 8.50 Crores to the Western Command thereby permitting the petitioner to participate in the tender process and, accordingly, issuing tender documents to him.

2. Briefly put, the case of the petitioner is that it (a proprietorship concern) is a Class A Contractor registered with the Northern Command. Its initial Contract Carrying Capacity (for short CCC) was 18 Crores. However, pursuant to a written request made by the petitioner, its CCC to the extent of 5 Crores was transferred on 06.11.2010 to the Western Command. Thus, as from 06.11.2010, it was left with the CCC of 13 Crores with the Northern Command. On 03.10.2012, the petitioner made an application to respondent no.3 requesting therein that its transferred CCC of 5 Crores to HQ Western Command be enhanced to Rs. 13.5 Crores. In the aforesaid communication, the petitioner made reference to paragraph 16(b)(e) of Government of India letter no. PC / RAKSHA / 63060 / Q / ST-5 / 3633 / D(QS) dated 26 September, 2006 governing the subject, wherein it is provided that if a contractor wishes to get upto 75 percent of his CCC transferred to other Command, his Carrying Capacity will not be revised more than once in two years. The petitioner in the said communication stated that the period of two years (from 06.11.2010 to 05.11.2012) in its case would be completed in the processing of its case.

3. It appears that, in response to the aforesaid written request of the petitioner, respondent no. 3 addressed communication dated 08.10.2012 intimating to the petitioner that "MGASC of the present Command, where the contactor is initially registered will, entertain request for transfer of capacity to another Command(s) only when he has seen the performance of the contractor for at least one year in his Command, with effect from the date of his last revision of CCC, if any".

4. The petitioner replied the aforesaid letter of respondent no.3 vide its communication dated 20.10.2012, inter alia, stating therein that the condition relied upon was not applicable in its case as the same was seen at the time of transfer of its CCC in the year 2010 and that no adverse report was found at that time. The petitioner further mentioned in the aforesaid communication that the period of two years will be completed on 05.11.2012, i.e., 15 days after the date of the said communication and that these 15 days would also be consumed in processing the documents with Western Command. The petitioner again made a reminder to the same effect on 05.11.2012, the date the period of two years was completed from the date of last revision in the CCC.

5. The aforesaid communication dated 03.10.2012 followed by the reply dated 20.10.2012 and reminder dated 05.11.2012 remained pending with respondent no.3 for quite long and no decision was taken on the request so made. Aggrieved by the inaction of respondent no.3, petitioner filed OWP no.1564/2012 which came up for consideration before a Coordinate Bench of this Court on 04.01.2013. During the course of hearing, the learned CGSC representing the respondents therein, made a statement that the Union of India may not be averse to take requisite decision on the petitioner's request for transfer of CCC within a week's time. Consequently, the writ petition was disposed of on 04.01.2013 itself with a direction to the respondents to take requisite decision as warranted under Rules in force within a week's time.

6. Ultimately, respondent no.3 rejected the req

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