ORISSA LAW REVIEWS Vs. REGISTRAR CIVIL COURTS CUTTACK

JUDGEMENT

(1.) In these writ applications challenge primarily is to the orders placed by various subordinate courts with The Law/ The Legal Reliables, Legal Miscellany, and The Cuttack Law House (opposite parties in some of the writ applications) for supply of law books. The petitioners in O-J-C- Nos. 2001, 2402, 2388, 3237 and 4055 of 1996 are the publishers and book sellers, while petitioner in O.J.C. No. 2431 of 1996 is claimed to be a Co-operative Society of lady lawyers. Main grievance of the petitioners is that there were lot of underhand dealings in placing orders with the aforesaid concerns. Such allegations have been denied by the recipients of the orders.

(2.) It is to be noted here that pursuant to the direction given by the Apex Court in All India Judges' Association v. Union of India, AIR 1992 SC 165 : (1992 All LJ 185), Judicial Officers/Courts are to be supplied with law books for effective functioning of the courts. For that purpose a sum of Rs. 45,00,000/(forty five lakhs) was placed for disbursement to various courts and funds were allotted to the respective District Judges. According to the petitioners, without even notifying about the need for purchase, and/or inviting tenders surreptitiously orders were placed and undue favour was shown to a chosen few.The stand of the recipients of the orders on the other hand is that they are reputed concerns, carrying on business of supply of books since long, and on coming to know that funds are being placed with the various District Judges, approach was made either personally or by letter communication, and on being satisfied about their bona fides, and their capacity to supply the books, the orders were placed.

(3.) The concerned officers in their affidavits have stated that after the judgment of the Supreme Court in All India Judges' Association's case (supra), the orders for supply of books were placed with reputed suppliers after observing necessary formalities.