MAHAJAN ROLLER FLOUR MILL Vs. STATE

JUDGEMENT

(1.) PETITIONERS in this petition have sought following relief s: - -

(2.) PETITIONER -firm is a registered Small Scale Industrial Unit and has set up a flour mill at Gangyal Jammu. The respondent State gets wheat supply from the Food Corporation of India and thereafter the same is supplied to various Flour Mills in the State for grinding purposes by inviting tenders in this regard and after the wheat is grounded, then the Atta is distributed in the public distribution outlets. In terms of Order dt. 29th of May Rs.2003, passed by the Director, Consumer Affairs and Public Distribution, Jammu, the different mills operating in the State were given the grinding contract in equal proportion at the rate of Rs.8.00 per Qtl. For grinding of PDS wheat into whole mill Atta and Rs. 2.25 the cost of packing material often kg. Pack as and when required by the department. This contract was valid for a period of one year subject to the other terms and conditions of the agreement. As per this order, the differential cost of carriage of wheat from FCI godowns to the mills outside the Jammu city was to be borne by the millers. Even though, the aforesaid order was valid for a period of one year, the respondent -State, however, continued with this process upto year 2006 when a Notice Inviting tender was issued by the respondent -State bearing No. 4518 -23/CAD/Acctt dt. 23rd of Jan 06, vide which tenders from the mills having the grinding capacity of 5000 MT were invited. This NIT, however, was challenged by one M/s JK flour Mills by filing a writ petition in this court bearing OWP no.94/2006, which was disposed of by this court on 8th of March06, with the following directions: -

(3.) THE grievance of the petitioners in this petition is that despite the directions passed by this court in the aforesaid writ petition which were upheld by the Division Bench also, the respondent State entered into private negotiations with some of the millers without associating the petitioners in the said process and allotted the grinding contract to the selected millers only vide order dt. 2nd of Nov06. The said order was challenged by the petitioners in writ petition bearing OWP No. 112 of 2007 and this court vide order dt. 22nd of Feb07 has stayed the operation of order dt. 2nd of Nov06, passed by respondent State. The further grievance of the petitioners is that the State Government again issued a Notice Inviting Tender dt. 24th of March07 in which same clauses as were challenged in writ petition OWP NO. 94/06, were kept. The said NIT was again challenged in OWP No. 799/06 which came to be disposed of along with other connected petitions vide judgment dt. 16th of April07 and the respondent State has again been directed to issue "either a corrigendum to the NIT dt. 24th of March07 or a fresh Tender notice incorporating such clauses in the Tender documents which would suit the requirements of the official respondents and would ensure fair, transparent and reasonable competition amongst the wheat grinding Mill owners of Jammu province and shall fix dates for receipt of response to the Tender Notice so issued and date of opening of tenders." It has been further observed that "the State Government shall consider deleting or suitably modifying clause 13 in the existing Tender Notice document of 2007, keeping in view the judgment of this Court in OWP 94/2006. It is stated that the petitioners made a representation to the respondent authorities and submitted that they are willing to undertake the grinding work at a lower rate than the rate which was being give to other units. It is submitted that the representation of the petitioners has been rejected vide impugned order. It is this order, which as indicated above, is the subject matter of challenge in this petition.