R.F.NARIMAN, NAVIN SINHA, K.M.JOSEPH
STATE OF U. P. – Appellant
Versus
SUDHIR KUMAR SINGH – Respondent
JUDGMENT :
R.F. Nariman, J.
1. Leave granted.
2. An e-tender notice was issued on 06.01.2018 by the U.P. State Warehousing Corporation (“Corporation”) for unloading/loading of foodgrains/fertilizer bags from/into railway wagons, trucks etc., stacking the foodgrains/fertilizers in bags, bagging, weighment, standardisation, cleaning of foodgrains/fertilizers etc. and transporting of foodgrains/fertilizers etc. from Railway Station to Corporation godowns or vice versa or transporting them from any place to any other place for the Vindhyachal (Mirzapur) Region. Ten days later i.e. on 16.01.2018, the said tender was cancelled by the Corporation due to “administrative reasons”. On 01.04.2018, an e-tender was again published in the same terms, and so far as the region Vindhyachal (Mirzapur) is concerned, it was for the “appointment of Handling and Transport Contractor for food grain in FCI and alleged material etc.” of the following depots/centres of Uttar Pradesh for a period of two years:
| Sl. No. | Name of Depot/Centre | Workable capacity (in M.T.) | Estimated annual | ||
State Bank of Patiala and Ors. v. S.K. Sharma (1996) 3 SCC 364 – Relied [Para 34]
M.C. Mehta v. Union of India and Ors. (1999) 6 SCC 237 – Relied [Para 35]
Aligarh Muslim University and Ors. v. Mansoor Ali Khan (2000) 7 SCC 529 – Relied [Para 36]
Punjab and Sind Bank and Ors. v. Sakattar Singh (2001) 1 SCC 214 (paragraphs 1
Verigamto Naveen v. Govt. of A.P. and Ors. (2001) 8 SCC 344 – Relied [Para 21]
Nawabkhan Abbaskhan v. State of Gujarat (1974) 2 SCC 121 at paragraph 7 – Relied [Para 23]
Radhakrishna Agarwal and Ors. v. State of Bihar and Ors. (1977) 3 SCC 457 – Relied [Para 21]
S.L. Kapoor v. Jagmohan and Ors. (1980) 4 SCC 379 at paragraph 24 – Relied [Para 28]
K.L. Tripathi v. State Bank of India and Ors. (1984) 1 SCC 43 – Relied [Para 29]
Viveka Nand Sethi v. Chairman, J&K Bank Ltd. and Ors. (2005) 5 SCC 337 (see paragraphs 21
State of U.P. v. Neeraj Awasthi and Ors. (2006) 1 SCC 667 – Relied [Para 30]
Tata Cellular v. Union of India (1994) 6 SCC 651 (at paragraphs 70 and 71) – Relied [Para 25]
Mohd. Sartaj and Anr. v. State of U.P. and Ors. (2006) 2 SCC 315 (paragraph 18) – Relied [Para 38]
P.D. Agrawal v. State Bank of India and Ors. (2006) 8 SCC 776 – Relied [Para 28]
ABL International Ltd. And Anr. v. Export Credit Guarantee Corporation of India Ltd. and Ors.
Noble Resources v. State of Orissa and Anr. (2006) 10 SCC 236 (at paragraph 15) – Relied [Para 20]
Haryana Financial Corporation and Anr. v. Kailash Chandra Ahuja (2008) 9 SCC 31 – Relied [Para 32]
Union of India and Ors. v. Alok Kumar (2010) 5 SCC 349 – Relied [Para 37]
Michigan Rubber (India) Ltd. v. State of Karnataka and Ors. (2012) 8 SCC 216 – Relied [Para 25]
Joshi Technologies International Inc. v. Union of India and Ors. (2015) 7 SCC 728 – Relied [Para 22]
Dharampal Satyapal Ltd. v. Dy. Comm. Of Central Excise
Jagdish Mandal v. State of Orissa and Ors. (2007) 14 SCC 517 at paragraph 22. 25 – Relied [Para 24]
Surya Constructions v. State of U.P. and Ors. (2019) 16 SCC 794 – Relied [Para 20]
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