RITU RAJ AWASTHI,J. - (1.) HEARD Mr. Prashant Chandra, learned Senior Advocate, assisted by Mr. Shishir Jain for the petitioner, Mr. Jaideep Narayan Mathur, Senior Advocate, assisted by Sri I.P. Singh for the opposite parties and perused the records.
(2.) WE have heard the learned counsel for the parties at considerable length and with their consent we proceed to decide the matter at the admission stage. The writ petition has been filed assailing the decision dated 30.06.2009 of the Board of U.P. Jal Nigam and the consequent tender notice dated 01.08.2009 by means of which the tenders had been invited for the supply of Class 15 and 20-250 to 600 mm diameter AC pressure pipes manufactured by MAZA process only. It has been further prayed that a direction may be issued to the respondent Nigam to issue fresh tender notice for the supply of aforesaid AC pressure pipes ignoring the decision dated 30.06.2009 by the Board of U.P. Jal Nigam without creating any embargo regarding process of manufacturing of AC pressure pipes.
(3.) THE case of the petitioners is that they are small scale industries (SSI) duly registered with the respondents for making supply of pressure pipes being manufactured by them. They have the license from Bureau of Indian Standards (BIS) and registered as SSI. The petitioners are manufacturing AC Pressure Pipes through MAGNANI process. It has been urged by the petitioners that as per letter dated 16.08.2001 of the Bureau of Indian Standards, both the manufacturing process namely MAZA and MAGNANI are accepted and duly certified by the BIS. The quality of the pressure pipes manufactured by either of the process is same. The BIS also certifies that the manufactured products meet the requirements of prescribed standard and the quality of manufactured pressure pipes by either of the process is same.;