BHALLA TRADERS Vs. ENGINEER-IN-CHIEF, ARMY HQRS ,

JUDGEMENT

(1.) THIS is a petition for issue of an appropriate writ or order quashing respondent No. 1s order No. 36461/1/EB dated August 29, 1974 which reads as under: - "It has been decided that no tenders will be issued to the contractor mentioned above for a period of three years from the date of issue of this letter."

(2.) AT the hearing of this petition Mr. R. P. Bakhshi, learned counsel for the petitioner, has urged that the impugned order cannot be upheld as it is not only opposed to the principles of natural justice, but also places an unreasonable restriction on the fundamental right of the petitioner to carry on his trade. In support of his contention he has referred me to a decision of the Supreme Court in Messers. Erusian & Chemicals Ltd. vs. State of West Bengal AIR 1975 SC 266.

(3.) THE learned counsel for the respondents has on the other hand submitted that the respondents cannot be compelled to have business relations with any one and that the impugned order is not violative of the principles of natural justice or any fundamental right if the petitioner.