SUBIN DAS Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) By this common judgment and order I propose to dispose of 2 (two) writ petitions registered as Civil Rule No. 3524 and 3525 of 1993 and connected Misc. Case Nos. 1006 and 1007 of 1993.

(2.) The two writ petitions have been filed being aggrieved by the same order issued by the Govt, of Assam dated 1st Dec., 1993 vide Annexure B to the writ petitions asking the Director, Printing and Stationery, Assam to procure "only 1/2th of the total requirements of carbon papers from the local SSI Unit, M/s Poly Products on the basis of the Technical Committee's approved rate by 6 (six) equal instalments." In the said letter is it was mentioned that from assessment made from the indents received from the various departments it was found out that a huge quantity of carbon papers would be required for the year 1993-94 thereby a substantial amount would have to be spent leaving no scope for procurement of other stationery items during the above year.

(3.) The writ petitioner in Civil Pule No. 3524 is a partner of a partnership firm and the authorised dealer of carbon papers produced by Kores India Ltd. The writ petitioner in Civil Rule No. 3525 of 1993 is the owner of the firm and is also an authorised dealer of the above company. Their grievance is that earlier they used to supply carbon papers on the basis of their tenders submitted in pursuance of tender notice issued by the Govt, but in the present case without calling for any tenders and without giving any opportunity, the above order has been placed with the above firm viz M/s Poly Products. The said firm has been impleaded as respondent No. 4 in both the petitions. In the writ petition, the quantity of carbon paper purchased for the years 1991-92 and 1992-93 has been stated. According to writ petitioners if the 1/4th of the total requirements of carbon papers is purchased for the year 1993-94 from the respondent No. 4, the entire allocation of the fund under the relevant head in the budget amounting to Rs. 1 (one) crore and above would be spent and thereby the petitioners and others would not be able to supply carbon paper or other stationery articles to the State Govt.