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2016 Supreme(Megh) 140

DINESH MAHESWARI
Maiantis Mawlot – Appellant
Versus
Khasi Hills Autonomous District Council – Respondent


Advocates Appeared:
For the Appellant :Mr. H.S. Thangkhiew, Sr. Advocate with Shri P. Nongbri, Advocate
For the Respondent:Shri B. Bhattacharjee, Advocate, Shri S. Sen, Advocate, Shri N.D. Chullai, Senior Government Advocate

JUDGMENT :

Dinesh Maheswari, J.

In this writ petition, the petitioner, while asserting that he was appointed as an Agent by the Khasi Hills Autonomous District Council (hereinafter referred to as 'KHADC' or 'the Council') 'for detecting illegal trading by non-tribals' and while further asserting that his agency was lastly renewed for a period of two years from 01.04.2015 to 31.03.2017, has assailed the orders issued by the Executive Committee of KHADC on 30.03.2016 and 31.03.2016 (Annexures 9 and 10), whereby his agency was terminated w.e.f. 31.03.2016 for the alleged engagement of new Agent for the task in question, in terms of the Notice Inviting Tender ['NIT'] dated 22.02.2016.

2. Put in a nutshell, the case of petitioner is that the respondents related with KHADC have terminated his agency in a wholly illegal, arbitrary and unfair manner and squarely contrary to the stipulations in the existing agreement between the parties. Per contra, the contesting respondents would assert that the earlier engagement of the petitioner and extension of the term of his engagement had been without open invitation to offers; and such kind of arrangement having been disapproved by this Court in the

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