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2017 Supreme(HP) 716

SANJAY KAROL, SANDEEP SHARMA
Issar Goods Carrier – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Dalip K. Sharma
For the Respondents: Mr. Shrawan Dogra, Mr. Anup Rattan, Mr. Romesh Verma, Mr. J.K. Verma, Mr. Arvind Sharma, Mr. Pratap Singh Goverdhan

JUDGMENT :

Sandeep Sharma, J.

Petitioner being aggrieved and dissatisfied with the issuance of communication dated 21.3.2017 (Annexure P-4), whereby work for transportation of food grains i.e. specified articles from Principal Distribution Centres (Pramkush Vitaran Kendra) of Food Corporation of India to HP State Civil Supplies Corporation whole godowns in District Solan, came to be allotted to respondent No.5 i.e. M/s Kalka Shimla Goods Transport Union, Solan, for the years 2017-2018, preferred instant petition, seeking therein following main reliefs:

“(i) That Annexure: P-4, dated 21.3.2017 , by virtue of which tender 2017 has been allotted to the respondent no 5 without completion of the tender process may kindly be quashed and set-aside, and be declared as an act without jurisdiction, illegal, unconstitutional and void-ab-initio.

(ii) That the respondent no 5 may be restrained from performing the transportation work and to further restrain from participating in the tender process.

(iii) That appropriate order, writ or directions be issued to respondent to complete the tender process in pursuant to the notice dated 8.3.2017 (P-14) within time bound period.”

2. Facts as emerge from the





































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