G.S.SISTANI, J.

CM APPL. 23265/2016 (STAY)

1. Present writ petition has been filed by petitioner under Article 226 of the Constitution of India seeking a writ, order or direction thereby directing respondent no.1 to abide by the terms and conditions of tender IFB No.RITES/MSM/NACP/15/2014 with regard to procurement and supply of 2 mg Buprenorphine tablets including in particular Clauses 40.2 and/or 34.3 of instructions to bidders. The petitioner also seeks a direction to quash the impugned procurement order issued by respondent no.1 to respondent no.2 for procurement of 1,50,00,000/-tablets of 2 mg Buprenorphine.

2. Notice in the petition and the stay application was issued on 3.6.2016, when respondent no.1 entered appearance on an advance copy. On the next date of hearing i.e. 6.6.2016, respondent no.2 entered appearance. The stay application was also taken up for hearing on 6.6.2016, when this Court had directed stay of procurement issued by respondent no.1 to respondent no.2. The order dated 6.6.2016 reads as under:

“1. The petitioner has sought a mandamus thereby directing the respondent No.1 to abide by terms and conditions of tender No. IFB No.RITES/MSM/NACP/15/2014 reg