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2017 Supreme(Cal) 150

HARISH TANDON
Shirin Foods Limited – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Anjan Bhattacharya
For the K.M.C. : Mr. Alok Ghosh

JUDGMENT :

Harish Tandon, J.

The Kolkata Municipal Corporation floated E-Tender inviting an application for operation and maintenance of the newly established modern abattoir for slaughter of the animal. Clause 1.3 (e) of the notice inviting E-tender mentioned that the abattoir complex will run in two shifts and the first shift will be dedicated to the authorised licensee of the Corporation to slaughter 400 animals upon payment of a slaughter charges fixed by the Corporation and meant for local consumption whereas the second shift will be operated by the bidders for private business/value addition or export of meat products. The successful bidder shall be handed over the abattoir complex upon execution of agreement for a period of 10 years on license/rental basis. The petitioner feels grieved by clause 1.3 (e) of the NIT being arbitrary, irrational and discriminatory and offends Article 14 of the Constitution of India. Principally, the NIT is challenged in the instant writ petition on the above ground.

2. The undisputed facts are that the Corporation established the modern abattoir for slaughter of the animals having a maximum capacity of 1200 slaughters per day. Since the Corporation































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