HUMLOG TRUST PATNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) If there has been abuse of the process of public interest litigation in a Court in its conceptual essentiality and connotative eventuality, it can irrefragably be stated that the present litigation which has been styled as a 'Public Interest Litigation' frescoes a pictue and projects the scenario in the complete sense inasmuch as it fits into the said compartment in an apple pie order. We have commenced the order with a prologue of this nature as the gradual undraping of the factual matrix would vividly so reveal.

(2.) The petitioner, 'Humlog Trust', represented by its convener describing itself as pro bono publico has preferred the present writ petition stating that the petitioner is a registered trust under Societies Registration Act, 1860 and has been constituted to fulfill its objectives for peace and harmony, social well-being and is engaged in such activities which would fulfill general upliftment of human conditions. It also stands committed for improving the efficiency of functioning of the State and its instrumentalities. It is asserted that it is embedded to its commitments to ensure purity being maintained in the governance of the State and, whenever any act of impropriety or illegality has come to the notice of the trust, it has made relentless endeavours to raise it before the appropriate forum. It is contended that the trust had earlier preferred a writ petition forming the subject matter of CWJC No. 8014/2009, which was disposed of on 31-8-2009 with certain observations as the terms of contract had already expired.

(3.) It is asseverated that the respondents are indulged in illegal activities in awarding tenders for manufacture of liquors in the State of Bihar for extraneous considerations and tenders have been awarded to several ineligible and defaulter-tenderers as a consequence of which loss has been caused to the State Exchequer. It is averred that the mandatory terms and conditions of the notice inviting tender have not been followed in requisite spirit and there has been manipulation at the stage of finalization of tender and further there has been conferral of exclusive privileges in a wholesale manner. A reference has been made to Tender Notice dated 26-2-2009 inviting tenders for grant of exclusive privilege for manufacture and supply of country liquor in 38 zones. The said notice inviting tenders incorporated certain clauses which related to eligibility criteria. It is put forth that the Scrutiny Committee scrutinized the tender papers and invited 13 tenders for negotiation for fixing the price and grant of privilege and all the 13 tenderers were granted the exclusive privilege. An order passed in favour of M/s. S.C.I India Ltd. has been brought on record as Annexure 5. As pleaded, several writ petitions bearing CWJC No. 7263/2009, CWJC No. 7182/ 2009 and CWJC No. 7059/2009 were filed before this Court challenging the award of contract to several grantees and notices were issued in the said writ peitions. All the said writ petitions were withdrawn by the writ petitioners. The withdrawal of the writ petitions were published in daily newspapers and it was also published that the norms have been violated with impunity and even ineligible tenderers were conferred with the grant. The trust, as put forth, decided to enquire into the whole matter relating to exclusive privilege and on enquiry it found that several grantees had been conferred privileges though they were not eligible for the same and, that apart, certain documents had been manipulated by them. Various allegations have been made how certain chosen distilleries have been given the privilege. In this factual backdrop, following reliefs have been sought: