ROOPCHAND Vs. COTTON CORPORATION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India whereby the petitioners who are carrying on cotton ginning and pressing business in partnership in the name and style or M/s. Bhawanji Versi Company at village Khidkiya in Hoshangabad district, have sought issuance of an appropriate writ, direction or order restraining the respondents Cotton Corporation of India Ltd., Indore and its Branch Manager from implementing, enforcing and/or giving effect to their Notice Inviting Tender (hereinafter referred to as 'N.I.T.') dated 16.7.1990 for their Khidkiya purchase centre for 1990 -91 cotton season without permitting the petitioners to participate therein as intending tenderers and for a writ of mandamus directing the respondents to supply requisite tender -form to the petitioners as per their N.I.T., receive the petitioners' tender offer and consider the same objectively without discrimination.

(2.) THE facts giving rise to this petition, briefly stated, are as follows: - The respondent No. 1 is admittedly a Government Company in the public sector which is engaged in the business of raw cotton (Kapas), getting the Kapas ginned and pressed and selling the lint and cotton seeds to textile mills and oil mills. The respondents after purchase of cotton (Kapas) from the specified purchase centres get the purchased cotton ginned and pressed from the local ginning and pressing factory located at its different purchase centres. The respondents for that purpose invite tenders in open market on seasonal basis every year. Khidkiya village in District Hoshangabad is one of the purchase centres where the petitioners own a cotton and ginning factory.

(3.) THE respondent No.1 in the said publication (Annexure A -1) invited sealed tender -offers from the intending cotton, ginning and pressing factories for ginning and pressing cotton of the respondents at the specified purchase centres in the standard tender -forms to be supplied by the respondent No.2 at its Branch Office in Indore from 23.7.90 onwards on payment of tender -form price of Rs. 50/ -.