SAT PRAKASH MEHRA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Article 226 of the constitution of India, whereby the petitioner seeks the issuance of a writ, direction or order as follows :-

(2.) THE petitioner is the proprietor of a manufacturing concern M / s kapil Udyog, Gwalior. It is a Small Scale Industry Unit manufacturing hand pumps and is registered as such with the District Industries Centre, government of Madhya Pradesh vide the registration certificate No. 6617 dated the 26th November 1981 (Annexure P-1 to the petition ). It also holds a licence for the manufacture of hand pumps from the Indian Standards institution under (The Indian) Standards Institution (Certification Marks)Act, 1952 (Act XXXVI of 1952) (for short, hereinafter referred to as 'the act XXXVI of 1952'), being number CM /l-1013317, which has been operative since 16th December 1981 (see Annexure P-4 dated 3rd February 1981)and, as such, entitled to the use of ISI and ISS marks on the goods manufactured by it.

(3.) THE Engineer-in-Chief, Public Health Engineering Department, madhya Pradesh, Bhopal invited tenders vide tender notice dated 22nd september 1981 for the supply of deep well hand pumps (India Mark II type ). This tender notice was also notified in the 'dainik Bhaskar' dated 17th october 1981. The relevant term (hereinafter referred to as 'the impugned condition') of the tender notice is extracted hereinbelow *** *** ***