IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14392 of 2009 1. M/S SHREE GOPAL BHAGWAN DAS THROUGH ITS PROPRIETOR VIJAY KUMAR KARWA AT P.O.+ PS-KADAMKUAN, DISTT- PATNA 2. VIJAY KUMAR KARWA S/O SRI GOPAL KARWA,PROPRIETOR, M/S SHREE GOPAL BHAGWAN DAS AT PO+PS-KADAMKUAN DISTT- PATNA-----------------------PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECY.HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE PROJECT DIRECTOR, SARWA SHIKSHA ABHIYAN, GOVT. OF BIHAR, BELTORN BHAWAN BAILEY ROAD,PATNA- RESPT. 1ST SET 4. THE BIHAR STATE TEXT BOOKS PUBLISHING CORPORATION LTD.THROUGH ITS MANAGING DIRECTOR, BUDH MARG, PATNA 5. THE MANAGING DIRECTOR, BIHAR STATE TEXT BOOKS PUBLISHING CORPORATION LTD. BUDH MARG,PATNA-RESPONDENT 2ND SET 6. HINDUSTAN PAPER CORPORATION LTD. THROUGH ITS MANAGING DIRECTOR, HEADQUARTER AT PARK STREET KOLKATA----------- --------------------------- RESPONDENT 3RD SET. ----------- For the petitioners: Mr.Ashutosh Ranjan Pandey, Advocate For Respt. 1 & 2: Mr. R.K.Singh,Adv. AC to AAG-2 For Respt. 4 & 5: Mr. P.K.Sahi,Sr.Advocate,& Mr. Sandeep Kumar, Advocate ----------- 5 28.1.2010 Heard learned counsel for the parties. Notice inviting tender is dated 10.8.2009 which is annexure-1 to the writ application. This was a tender floated by State agency known as Bihar State Text Books Publishing Corporation Ltd. The tender was for supply of paper of specifications indicated therein on the terms and conditions which are not very relevant at the present stage. The petitioner claims himself to be an agent or authorized dealer of one M/s Rama News Print and Papers Ltd. as well as Andhra Pradesh Paper Mills Ltd. He participated by filing his bids but when it came down the award of the final tender ignoring the fact that Rama News Print & Papers Ltd. was the lowest bidder, the contract came to be awarded to Hindustan Paper - 2 - Corporation Limited, a public sector undertaking. Many a things have been stated in the writ application with regard to the manner in which the whole process was undergone, but they are not required to be taken into consideration in view of the preliminary objection which has been raised on behalf of the respondents Corporation. The respondents in the counter affidavit have denied any wrong doing and have also brought on record certain communications from the two principal manufacturers that they have not authorized the present petitioners to file any writ application and contest the matter with regard to award of tender in question. Admitted position is that in absence of due authorization by the manufacturers or the lack of understanding behind the dispute neither the writ application can be maintained nor any meaningful result can be reached in the dispute because the petitioners have no capacity of production or supply. They are totally dependent upon the two principals who have refused to litigate. In view of the above no purpose will be served by adjudicating the dispute raised by the present petitioners in absence of his principals. This writ application is dismissed. RPS (Ajay Kumar Tripathi,J.)