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2006 Supreme(Jhk) 706

SUDHANSU JYOTI MUKHOPADHAYA
Sagun Udyog Pvt. Ltd. – Appellant
Versus
Heavy Engineering Corporation Ltd. – Respondent


JUDGMENT

S.J. Mukhopadhaya, Acting C.J.

1. This writ petition has been preferred by the petitioner commanding upon the respondents to show cause as to why they be not allowed to auction sell the non-ferrous metal wastes to any party, particularly when the 4th respondents has been allowed the sale order in violation of Rules 19 and 20 of the Hazardous Wastes (Management & Handling) Rules, 1989 (hereinafter to be referred as H.W. Rules, 1989). Further prayer has been made for a direction on the Heavy Engineering Corporation Ltd., Ranchi (M/s H.E.C. Ltd.) to produce before this Court the entire files, relating to tender process of Tender No. FFP/Disp./N.F.Chips TENDER/JULY-05/ dt. 26.07.2005 and to quash their decision or the order, awarding contract.

2. According to the petitioner, the aforesaid tender was published by Heavy Engineering Corporation Ltd. on 26th July, 2005 for the purposes of disposal/auction sale of its non-ferrous metal wastes, lying at its Foundry Forge Plant, Heavy Tools Plant and Heavy Machine Building Plant. The Schedule, appended to the tender documents, mentions the descriptions of materials, such as, Brass-chips, Mixed N.F. T/B, Mixed N.F. ingot, Mixed N.F. Sku













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