ANKIT PIPES PVT. LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) RULE DB

(2.) SINCE the matter does not brook any delay and we have heard learned counsel for the parties at considerable length, with their consent, we proceed to dispose of the matter the motion stage.

(3.) IT is pleaded that in an earlier NIT (18/2002-03), issued on 1.11.2002, respondent Nos. 1 to 3 had put in a similar condition for purchase of AC pressure Pipes, which was challenged by petitioner No. 4 herein in C.W.P. No. 20200 of 2002. The writ petition was disposed of with a direction that before the tenders were opened, the respondents shall take a final decision on the representation made by the said petitioner. The decision was to be communicated to the petitioner on that very day to enable its members to take further legal proceedings in the event of rejection of their representation or an order adverse to them. It is claimed that since the respondents had no plausible reason to reject the representation, they permitted the present petitioners and other members of the Association to participate in the tenders, scheduled to be opened on 7.2.2003. It is stated that subsequently also, without any further reference to the decision take by the respondents on the representation submitted by petitioner No. 4, they had been inviting tenders for supply pressure pipes of various sizes without any kind of restriction or differentiation in the process of manufacture of these pipes or the types of machines used in the manufacturing process. The petitioners also claim that there have been no complaints of any kind whatsoever against the pipes manufactured and supplied by them to various departments in the State of Haryana.