A.P.MISRA, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner by means of this writ petition has sought for quashing the express telegram dated 6/03/1993 for limited tender as per list Annexure-I to the petition issued by respondents and further directing respondents to advertise the tender notice at large, not confining it to existing handling contractors to contract with respondent company.
(3.) The ground of challenge by the petitioners is that the condition as specified in the said impugned tender is discriminatory in the nature which excludes other material handlers to favour the contractors already handling the iron and steel of SAIL. Further contention is that the similar condition was imposed by the respondents inviting the said tender and was challenged by the petitioners by means of filing earlier writ petition (Writ Petition No. 29337 of 1992) in which the interim order was passed in favour of the petitioner and thereafter on the basis of the undertaking given by the respondents the said tender was withdrawn. After withdrawing the said tender the present tender was invited specifying the same conditions which is in fact to give favour to those contractors who are working with SAIL, and, therefore, the said tender is not sustainable in view of the aforesaid back-grounds. Earlier the tender was invited by the respondent (SAIL) on 30th, July 1992 and the same was challenged in the aforesaid writ petition. It is not necessary for us to go through the order passed in the earlier writ petition.;