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1986 Supreme(Bom) 16

M.M.QAZI, N.K.PAREKH
Nitin Industrial Associates – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - N.K. PAREKH, J.:---The facts that give rise to this petition are that the Director of Health Services issued a notice dated 21st July, 1983 inviting tenders in respect of used X-ray plates and "wasteful hypo solution" to be sold to Small Scale Units (these being items from which silver is extracted). Six parties submitted tenders in respect thereof. However, the Government thereafter passed a resolution dated 3rd August, 1984 purporting to distribute these two items amongst three parties, namely, the petitioners (herein) and respondents Nos. 3 and 4 and also indicating the areas in which each of these parties would operate. The said resolution also stipulated that the used X-ray film would be sold at Rs. 40.50 per kilogram whilst "wasteful hypo solution", would be sold at Rs. 11.00 per litre. Being aggrieved by the said Resolution, the petitioners have filed this petition for quashing the said resolution and consequential reliefs. The petitioners have contended (a) that the tenders have not been rejected and/or have otherwise not been dealt with and the Government could not purport to pass the resolution (now impugned) distributing the items in the manner they have done,































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