EASTERN SAFETY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner No. 1 is a partnership firm and petitioner No. 2 is one of its partners and they have filed the present writ application for quashing Condition No. 1 in Tender Notice No. 10/2003-2004, issued by respondent No. 3 Deputy Inspector General of Police (Provision). Old Secretariat, Patna, published on 31.7.2003 in the English daily Newspaper, namely, 'Hindustan Times', prescribing obtaining of Sales Tax Registration in Bihar as a condition precedent for submitting tender.

(2.) Petitioner No. 1 is a Small Scale Industrial Unit, having its Unit at Dhanbad in the State of Jharkhand and is engaged in manufacturing various types of shoes and making supply of shoes to various Government departments, including the Police Department. Para Military Forces and Mines etc. It has been supplying I.S.I. Mark Shoes to the Bihar Police regularly since so many years.

(3.) On 31.7.2003, an advertisement was issued by respondent No. 3 for supply of various articles, including Hunter Shoe, P.T. Shoe and Gum Boot being item Nos. 1.2 and 3. respectively, of the said advertisement. A copy of the advertisement has been appended as Annexure 1 to the writ application.