IN THE HIGH COURT OP Writ Petltion PETITIONERS ! 1 • ry^'.. .y. ^" ..• ^y^ ^.;< ^?^'^.. J%^^'2' ^^ '•G-B"- ^5T^^ l^ \/^!' .'?" u JUDICATURE AT BIIASPUR No._i_ty_/ 2001-. Chhattish -Garh Fabricators and Purniture Nirmata Sangh, an Associ atio n o f Fabricato r^ ^ j ^•i<?l and Furniture Manufacturers,| | in the State of Chhattisgarh-"| have applied for registratxon||; before the Registrar^ Firm &vy' Societies through its Preside! Prem Chand Jain^ son of A,»C<. Jain^ resident of Budha Par^J Raipur^ Chhattisgarh^ Ajay jajodiya, son of B<P. •^' jajodiya^ Px-opriefcor, Ajay J Industries, a ManufacutrJLjn^^ "Unit ^ resi dent o f Marwadx ^ Li ne, Bilaspur, as also Sec| ^ tary^chhafctisgarh Pabricat! K and Furniture Nirmata San' . Bilaspur^Chhattisgarh* ^ V As tok Sharma ^ so n o f Shri P ^ ^ Sharma^ Proprietor^ Perfect i Steel Industries^ Jagdalpur^ as also Treasurer^ Chhattisga^ Fabricators and Furniture Nir- mata sangh^Jagdalpur^CIGarh<» V E R_S_U_S RESPO^NDEIWS 1 < State of Chhafctisgarh throughj Secretary, Department of Tribj welfare,Mantralaya, Raipur,. T Chhattisgarhe );; | ';-w contd»\^^2 2"; Director / Commissioner^ Directorate^ of Industries, &3y;ernment of Chhattis-A garh^Raipur^Chhattisgarh. ^ State of Chhattisgarh through Secre- / tary^ Department of Commerce and - Industries/Rural industrie? and Public Enterprises^Mantralaya^ Raipur• 4. Managing Director, Chh&ttisgarh Rajy^1| Audyogik Vikas 'NigaRi,Raipur,C'Garh. V ,'iS^ Vinayak Agencies, Jagdalpur^ Chhattis- garh^ j 6, Om Enterprises^ paipur^ Chhattx.sgarh^ ,.L ( 7o M/s Agrewal Industries^ jagdalE>ur^ Chhattisgarh^ 1j \ 8^ M/s Karaal steel Industries Ubd. " ^ragd^.Lp^r ^ Chhattisgarh ^ M :II .^f; <-h,i JL-"9. M/s Kauial Steel Industries,Fra2;erpyr/ jagdalpur^Chhattisgarh, :r •' 0. M/s Bhatia Udysg, Audyogik Kshet/ra Bhilai^district Darg^Chhattisgarh^ 5 ij^Tl^ H/s Vindhyavasni Steel Industries^ Tifra^Bilaspur^Chhattisgarh^ 2. M/s Goyal industrial Corpor'ation, MG Ro ad,Raipur ^Chhattisgarh«» 3-< M/s Droliya Enterprises^Garunanak ChDwk^Raipur^Chhattisgarh^ l4?? H/s Garg Fabrication,Raigarh^C(Garh» M/s Ankit Industries^Rajnandgaon^ Chhatti.'igarh. contd®» • »3 .^^^l.^S/0>;:^^'^^·VSA^-l..^·t.-/">^·Pt^^^.-:\' isia K^: '-^M' '•[•'.. 1 |E!©GG!^^^j^O'(j&OOGc'.C&G^OeCCC^>. S7 ? (S IS !'m •'»!^9 ::il yQQ^C^QQSjQr' .11 ii €^'v.:M I.Tl: )j@^.?j (.•' O d O «--S O C OOo .0 C- •? ^; BS)f 11'.. .^. j^-116*'' ^s. D^«Ste®l.Ind^&trles,BiAaspur,c*'l:<3|^^ ^ i''-.:..; •'..^...'^ • ' ' '. • ••!.-.: . -. ^.;" -. '' •. :.'.; i • • •"•; •^•''•'i^. .":^;.':' •""•'•^ :"'-':'"::':;^..I'.^'::;''l M-L:-':^.,;. .. .'. i'1''' :"; 1. .: ^ :il::: : „!:: i'. >•- •.•; • '-• |^i 7 ^ M/s Vish^alcarma IhdustrjLes^Bilaspur^ Ctohatfcisgarh.l1', ' -. •\:'{ "1: IT :.:1 :i tJ': .'-••.•,.:.- ..:,••. .:...!.' •':: •• i-. ..•;-• i.:. ;-^ .1,:, '^:.'".-.. .'••'. •./^^ J ^TS 7 H/s Anku.ir Indjastries, Raipiir^ lc^hatt.tsgarM^i ||y::9^^s::^Arihdnt,:,Industries,Duir.g^hhattisga^ ^-"•••':'.' '^ •.•."',:.."• '. ;; . '. i; ''•!'" . ''':''•• i... :'.l!::'' i.' 1!'.';'' ,'^1^ w ;|^,20<: ••i^s.^Roya^ :ste^l ln^sferl.es,ste^^^^ 3'4 lCCi;OC«fcC'C:00£;OOG^COOO(-'?.0.:C Raipur^cyhattisgarh 21 • M/s swast|tlc Sfceel iridustrljes ,Nadapara, I. r Rajim^ ehhattisgarh, 22. M/s K«D»lhdu.sfries, Near RajiaandgaGn,C]-i}-iattl.s|gar|h< m rm N^ Ganj Manadl^ N f^S. M/s Oni ERteripriises/R 1:£:» id |?taj,Raipiar,ciih;atltlisgag| ,'.^t ^^ ^ .Respondents' ..5 fco -23. ;^rej.thit>ui^h.^res:pb,is--i%r* dent;:'-;no..«4'/.l.e»M^a9i-ngi^M:r<^^ ;Rajya ^ ^d^giki-Vikas^M^am^axp^r.',;.;;:'^^ ^J,^-' ls-'~{'-; 1 " -l { - t ^r" PErilEION_fI[£)ER^AR$ZCLE1226 O^ OF IRDIA FOR ISSUN®E0F WRITJ ^RTIORARI^^AMBAMUS, PROHIBITJIQ ^E^e|Nst^:E^v'ri©K" y?"-- IlI_lTH|E.tAT^R,E OF ANfe) ]PO;R:QTHER SUITABi..^ WRIS/WRITt, ^ONl?ER / iOR^fiRS DIRBCTIONS _TQ.THE; RESfiONDENT^ ^ISCTSO^/ 'u^ HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.NO. 394/2001 Chhattisgarh Fabricators and Furniture Nirmata Sangh and others. Versus State of Chhattisgarh and others. Per Fakhruddin J - ORDER The present petition has been filed by the petitioners alleging that the respondents acted illegally in placing the purchase orders forfurniture and other items to be supplied to the schools run by the tribal department, State of Chhattisgarh. Petitioners have joined State of Chhattisgarh, Director/Commissioner Industries as respondents. However, respondents no.5 to 23 in the petition are the private respondents who are manufacturers of the furniture and are alleged to have been given the supply orders. 2. Shri Manindra Shrivastava learned counsel appearing for the petitioners submitted thatthe respondents by adopting ah illegal procedure haye c^liged certain fabricators and manufacturers l?y placing maximum orders of purchase of furniture and other items to be supplied to the schools run by the tribal department, State of C^hattisgarh. It is further submitted by the petitioners that while placing the purchase orders, no uniform pfoc^dure h$is been adopted and all the established rules and norms have been yiolated. 3. Re$poTTCtents no. 6,10,12,13,14,15,18 to 23 have filed their return jointly. However, respondent no.7 has filed the return separately. ^3^ 4. Shri Prashant Mishra, learned counsel appearing for respondents 6,10,12,13,14,15,18 to 23 has submitted in his return that the petitioners have approached this Court straightway without making representation before the competent authority. He further submitt6d that the procedure and the norms adopted by the respondents are not arbitrary and it is the policy matter to be decided at the level ofthe State government. He further submitted that there are 150 registered suppliers out of which 103 have been granted work orders. 5. Shri O.P.Agrawal,learned counsel appearing for respondent no.7 has vehemently opposing the submissions advanced by the petitioners, submitted that the petitioners are unregistered body and as such has no locus stand to file the petition. He further submitted that the purchase orders have been given only on the basis of units, their desirability to do the work and on the basis of present infrastructure to fulfil the requirement as mentioned in the work order. 6. Shri Ravindra Shrivastava, learned Advocate General and Dr.N.K.Shukla,learned Dy.Advocate General appearing for the State of Chhattisgarh submitted that an Enquiry Committee has been constituted under the chairmanship of Shri Dharamjit Singh,MLA, Mr.Mahesh Tiwari and Mr.Manturam Pawar. The said committee has been constituted by the State Legislative Assembly. It is further submitted that since the Inquiry Committee has been formed by the Vidhan Sabha and the inquiry report has already been submitted by the Committee which is ^till under consideration, the decision has to be taken by the Vidhan Sabha in accordance with law. 7. It is pertinent to refer to the relief sought by the petitioners which are reproduced as under:- I) It is, therefore, prayed that this Hon'ble Court be pleased to direct the respondents to produce the entire record concerning the case of the petitioners, fil6s, resolution, letter and decisions taken, leading to issuance of supply orders, for the perusal ofthis Hon'ble Court. y II) This Hon'ble Court may further be pleased to quash the order/decisions/proceedings dt. 12.1.2001 by issuing a writ in the nature of certiorari in respect of respondents 5 to 23 ofthis petition. III) This Hon'ble Court may further be pleased to issue a writ in the nature of mandamus restraining the respondents from taking any action towards supply of items pursuant to impugned decision, proceedings and so-called purchase ordersdt. 12.1.2001. IV) This Hon'ble Court may further be pleased to issue a writ in the nature of mandamus commanding the respondents to evolve and act upon just, fair and reasonable procedure and ultimately for purchase ofthe said items. V) This Hon'ble Court may be pleased to grant any other relief deemed fit and proper to this Hon'ble Court including the cost ofthe petition." 8. Learned Advocate General and learned Dy.Advocate General appearing for the State submitted that the Vidhan Sabha and the State government are seized of the matter and would consider the findings as well as the remedial measures and the procedure adopted for purchase of the said items ifrequired. 9. Learned counsel appearing for the private respondents pointed out that this Court on 28.3.2001 has passed the interim order which reads as under:- "The private respondents shall supply to the extent of registered capacity until further orders. The State Government shall also accept only to the extent of respective capacities until further orders." 10. Shri Prashant Mishra, learned counsel appearing for the private respondents submitted that in pursuance ofthe interim order passed by this \ Hon'ble Court the private respondents have made the supplies of furnitures and other items on the basis of their registered capacity and the same has \ /liU~i, ^.^ been accepted to that extent only. It is further submitted that the payments towards the furniture already supptied has not yet been made. 11. Having thus considered the facts and circumstances of the case and after hearing the counsel for the parties as noted above, since the inquiry committee has already been constituted under the Chairmanship of Dharamjit Singh MLA along-with Shri Mahesh Tiwari and Shri Manturam Pawar by the Vidhan Sabha and the committeeso constituted has submitted its report which is under consideration by the Government and the House which is seized of the matter,we do not think that any case of issuing of writ or direction in exercis^ of extra ordinary jurisdiction under Article 226/227 ofthe Constitution of India is made out. 12. So far as the contention made by Shri Prashant Mishra,learned counsel for the private respondents regarding supply of furniture made in pursuance ofthe interim order passed by this court is concerned,the matter will be examined and the question of payment shall be considered as expeditiously as possible by the Competent Authority in accordance with law. 13. In view of the directions and observations made above this petition is disposed of at this stage. 14. Partiestobeartheirowncostsasincurred. Sd/- Chief Justice Sd/- Fakhruddin Judge J.