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2013 Supreme(HP) 891

RAJIV SHARMA, V.K.SHARMA
SANJEEV KUMAR, Reeta Devi – Appellant
Versus
STATE OF H. P. – Respondent


Advocates:
Advocate Appeared:
Ajay Mohan, KARAN SINGH KANWAR, AJAY SHARMA, JANESH GUPTA, AJAY VAIDYA, R.L.SOOD, ARJUN K.LALL, VISHWA BHUSHAN, SHRAWAN DOGRA, M.A.KHAN, VIVEK SINGH, DEPUTY, RAMESH THAKUR, BHAWNA DUTTA, VIVEK THAKUR, ARJUN LALL, SANDEEP SHARMA

JUDGEMENT

RAJIV SHARMA, J.-

1. SINCE common questions of law and facts are involved in all these writ petitions, the same were taken up together for hearing and are being disposed of by a common judgment. However, in order to maintain clarity, facts of all these CWP Nos. 1732/2010, 1885/2010, 7033/2010, 4665/2013 and 4675/2013 and 4723/2013 have been taken into consideration.

2. THE petitioner is an agriculturist by occupation. He owns 35 Kanals of agricultural land. According to the averments contained in the petition, respondent No.2, i.e. Himachal Pradesh State Civil Supplies Corporation Ltd. has invited tenders for purchase of 14 lacs plastic bottles/pouch packs of Kachhi Ghanni Mustard Oil Agmark Grade-I for supply to its various godowns in the State of Himachal Pradesh. The petitioner has only challenged the tender process to the extent inviting tenders of mustard oil in pouch packs in violation of the Himachal Pradesh Non-Biodegradable Garbage (Control) Act, 1995. According to reply filed by respondent No.2, the use of plastic pouches for the supply of essential commodities is economical and use of the same is inevitable. It is further averred in the reply that pouch packing i































































































































































































































































































































































































































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