SHAIKH BALE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for the issue of a Writ of Mandamus or any other appropriate Writ directing respondents 1 and 2 (The State of Andh Pradesh R-1 and the Deputy Director of Veterinary, Biological and Research Institute, Hyderabad-2) to call for tenders for the supply of Beef, heart and Liver for the year 1970-71 and also to restrain them from executing a contract for the supply of the said articles, to the 3rd respondent.

(2.) The petitioner is a Beef contractor carrying on the business of supply to beef. The State of Andhra Pradesh through its department of Veterinary, Biological Research, prepares Beef extracts and liver extracts. It was usual for respondents 1 and 2 to call for tenders for the supply of the raw material for the said extraction, viz., Beef, Liver and Heart. For the year 1970-71 such tenders were called for not for the supply or raw material, viz., Beef, Liver and Heart but for the supply of extracts. But the petitioner on enquiry found that a contract for the supply or raw material was being granted to the 3rd respondent without calling for tenders. According to the petitioner this constitutes a on travention of the requirements of Rule 124 of the Andhra Pradesh Financial Code. He has therefore moved this court for the issue of a writ to the authorities as prayed for. he has also prayed for restraining the authorities from executing a contract in favour of this 3rd respondent.

(3.) At the hearing of the petition it was made clear that the petitioner could at best only tender if there is an invitation of tenders for the supply of Beef. Liver and Heart. Assuming that the Departments have their own rules for securing such supply and that there was an infraction of the rules, that would be insufficient for the petitioner to found a writ.