TAPAN JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since all these writ petitions involve quite common questions, they were heard together and are being disposed of by this common judgment.

(2.) WP(C) No. 19214 of 2010 has been filed by Sri Tapan Jena, the proprietor of M/ s. Jasoda Road Lines challenging sub-clauses 19(a) & (b) and 26 of Clause XIX of the terms and conditions of the Tender Call Notice dated 25-10-2010 issued by the Managing Director of the Orissa State Civil Supplies Corporation, a State Government Undertaking, for transportation of rice and similar goods.

(3.) Learned counsel appearing for the petitioners submitted that the aforesaid clauses violate the fundamental rights of the petitioners guaranteed under Article 19(1)(g) read with Clause 6 of the Constitution of India. He further submitted that imposition of such restrictions/prohibitions not having been backed by law and there being no law in the field to put such restrictions/prohibitions, the terms and conditions of the impugned Tender Cail Notices are arbitrary, unreasonable and violative of Article 300A of the Constitution of India within the expanded definition of property and right to do trade and business and the authorities keeping in mind to issue work order in favour of some specific persons published the impugned Tender Call Notices dated 25-10-2010 and 31-10-2010 which are totally different from the tender issued by the said authorities in the years 2008-2009 and 2009-2010.