JUDGMENT

A.M. Ahmadi, CJI.-Leave granted.

2. The present civil appeal arises out of an order of the Division Bench of the High Court of Calcutta dated 13.10.1993 vacating an interim order of injunction passed by a Single Judge of the same Court. The sequence of events upto the filing of the special leave petition may be narrated as under:

3. The Food and Supply Department of the Government of India issued instructions to the Senior Regional Manager, Food Corporation of India, West Bengal region, the respondent No. 2 herein, on 28.4.1986 regarding disposal of sub-standard par-boiled rice unacceptable to the Government of West Bengal through auction/tender. The Food & Supplies Department of the Government of West Bengal laid down certain conditions for disposal of such stocks of rice by the Food Corporation of India. The important conditions relevant for the present matter are as under :

"(1) All the stocks proposed to be auctioned should at first be jointly inspected by the Quality Control Staff of this department and the Food Corporation of India. Clear markings should be made on the stocks unfit for human consumption to prevent any mixture to these stocks with the st