HINDUSTAN THERAPEUTICS (P) LTD. Vs. DIRECTOR OF ANIMAL HUSBANDRY, DIRECTORATE OF ANNUAL HUSBANDRY AND OTHERS

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) Material facts for the disposal of the writ petition are as follows; petitioner, manufacturer and supplier of medicines supplied specific quantity of medicines worth Rs. 7,08,344/- to different Central Veterinary Stores, including the 3rd respondent at Kozhikode as per Ext.P1 Way Bill and the same has been delivered on 22.11.2009 vide Ext.P2. Payment in respect of entire materials except materials worth Rs. 46,787/- has been paid to the petitioner. Further petitioner has been served with Ext.P4 show cause notice alleging short supply of material worth Rs. 46,787/-. According to the petitioner, all relevant records in respect of the delivery of entire materials were produced by the petitioner vide Ext.P6. However, without considering the facts and circumstances of the issue, 1st respondent has passed Ext.P7 order blacklisting the petitioner indefinitely. The contention put forth by the petitioner in this writ petition is that, for a trivial and superficial issue as per Ext.P7, petitioner is being prevented from participating in the tenders. It is thus seeking appropriate directions this writ petition is filed.

(3.) A statement is filed by the 2nd respondent refuting the allegations and claims and demands raised by the petitioner in the writ petition. Among other contentions, it is specifically admitted by the petitioner that, there was short supply, however, the same was wilfully done. Other contentions are also raised by the respondent with respect to the justification in passing Ext.P7 order blacklisting the petitioner.