The main legal point established was the implication of the renewal of the agreement and the protection of the petitioner's rights in line with the terms and conditions of the agreement and relevant legal principles.

JUDGMENT :

Mohammad Yaqoob Mir, J.

1. Impugned letters, notices and orders dated 12.02.2016, 03.03.2016, 13.04.2016, 27.04.2016, 29.04.2016, 07.06.2016, 09.06.2016 and 16.08.2016 are alleged to have been passed in violation to the terms of the agreement dated 20.07.2007, as such, to be declared as illegal, with a further prayer, to prohibit the respondents from interfering with the running and management of Umling weighbridge at Ri-Bhoi District, Meghalaya. The contents of the impugned letters, notices and orders are as under:

(i) Vide letter impugned dated 12.02.2016, the Commissioner of Transport, Meghalaya, Shillong (respondent No. 2), asked amongst other lease holder/licensee, the petitioner to clear all pending dues to the Government for operation of weighbridge as per the agreement signed with the Government and to ensure payment by 29.02.2016;

(ii) Vide another letter impugned dated 03.03.2016, the respondent No. 2, amongst others, has directed the petitioner to ensure payment of pending dues by or before 21.03.2016;

(iii) Vide notice impugned dated 13.04.2016, the respondent No. 2 has directed the petitioner to pay the amount, in default, action will be taken;

(iv) Vide impugned order dated 27.04.2016, the respondent No. 2 has directed the District Transport Officers of respective districts to immediately stop the operation of weighbridges by concerned lessees and to temporarily takeover the said weighbridges in consultation with the respective Deputy Commissioners/Superintendents of Police by or before 30.04.2016;

(v) Vide order impugned dated 29.04.2016 respondent No. 2 asked the Under Secretary to the Government of Meghalaya, Transport Department to take immediate steps to convene an urgent meeting between the lessees and the Transport Department latest by 10.05.2016 for taking necessary decision regarding the assurances/undertakings and representations of the lessees;

(vi) Vide order impugned dated 07.06.2016, for failure of concerned lessees to clear all pending government dues, the concerned District Transport Officers have been directed to immediately takeover the weighbridges which include the Umling weighbridge of the petitioner;

(vii) Vide order impugned dated 09.06.2016 addressed to the respondent No. 2 by the District Transport Officer, Ri-Bhoi District, the entrance of the premises of Umling weighbridge had been blocked with the boulders for entry of heavy vehicles, the load cells from the platform, computer sets and other weighing devices have been removed, rooms were almost empty except for tables, benches and few equipments as mentioned in the inventory report. The weighbridge chamber was under lock and key. However, after negotiation the Manager of weighbridge agreed to open the door. On inspection, the team headed by him found that the weighbridge was no longer capable of use, the team decided to seize the weighbridge; and

(viii) Vide communication dated 16.08.2016 addressed to the Under Secretary by the Commissioner of Transport (respondent No. 2), it has been mentioned that proposal to take over the weighbridge due to failure of payment by the licensees on enhanced fee, the Government had conveyed the approval to that effect. That being so the contract regarding Umling Weighbridge was terminated. It is also mentioned therein that weighment on NH-40 has been infrequent and has not been smooth after the termination of the contract. It is further mentioned that the respondent No. 2 to visit Ri-Bhoi District and to resolve the matter in order to ensure all mechanism, arrangements for smooth flow of traffic as well as weighment and maintenance of due record in the matter. Further, proposal for requisition charges, if any, may also be worked out with Deputy Commissioner, Ri-Bhoi District and submitted to the Government for approval.

2. To notice precisely the factual matrix, shall be advantageous for appreciating the matter in its right perspective.

3. Transport Department of the Government of Meghalaya was operating