MANOJ K.TIWARI
KANWALJEET SINGH BATRA – Appellant
Versus
UTTARAKHAND STATE WAREHOUSING CORPORATION – Respondent
JUDGMENT
1. The sole question, that falls for consideration, in the present writ petition, is whether a Statutory Corporation, created under a Central Legislation, namely, the Warehousing Corporation Act, 1962, can put a condition in its tender notice which renders persons residing in other States, ineligible for submitting bids? In other words, whether under our Constitutional Scheme, such classification based on place of residence for entering into contract with a Statutory Corporation, would be permissible?
2. The facts, on which there is no dispute, are that petitioner is a resident of District Saharanpur in State of Uttar Pradesh, who deals in handling and transport of food-grains and other articles. He is also a registered contractor with Uttarakhand State Warehousing Corporation (from hereinafter referred to as “Corporation"). The said Corporation has been established in the year 2016 under the provisions of the Warehousing Corporation Act, 1962. It issued ae-tender notice on 02.12.2019, whereby bids were invited for appointment of registered contractors for handling &transportation of food-grains/fertilizers and other allied material, as stored by F.C.I., R.F.C. and other ag
Monarch Infrastructure (P) Ltd. Vs Commissioner Ulhasnagar 2000 (5) SCC 287.
Rasbihari Panda Vs State of Orissa 1969 (1) SCC 414.
Siemens Public Communication Network Vs Union of India & ors 2008 (16) SCC 215
Tata Cellular Vs Union of India 1994 (6) SCC 651.
Air India Vs Cochin International Airport & ors 2000 (2) SCC 617.
G.B. Mahajan & ors Vs Jalgaon Municipal Council & ors 1991 (3) SCC 91.
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