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Civil · Reportable judgment

M/s B. K. Enterprises vs The State of Manipur

Court
Supreme Court of India
Date
12 November 2021
Case No.
Civil Appeal No. 6532 of 2021
Result
Disposed
Bench
M.R. Shah, A.S. Bopanna
Citation
[2021] 11 S.C.R. 91 : 2021 INSC 720
Supreme Court Reports [2021] 11 S.C.R. 91 : 2021 INSC 720
Headnote

Tender: Conduct fresh Notice Inviting Tender-NIT through e-Tender for transportation of food grains and Micronutrients under the Wheat Based Nutrition Programme-WBNP – Direction by High Court of Manipur to the State Government and in particular, the Social Welfare Department in November last year to take up immediate steps and issue fresh NIT for transportation of food grains and Micronutrients under the WBNP within a stipulated period and that the whole tender process including the issuance of work order to be completed within the stated time – However, no steps taken till date and since 2017-18 the contract for transportation of the rice and other Micronutrients had continued by way of an interim arrangement only and at the rates prevailing in the year 2017-18 – Held: Action on the part of the State Government and the Social Welfare Department of the State of Manipur is highly deprecated – Contracts cannot be continued without finalizing of the tender process and/or without issuing fresh tenders and/or without undertaking the fresh tender process and by way of an interim arrangement only and that too at the rates prevailing in the year 2017-18 – It is causing huge loss to the State and the Public Exchequer and shows lethargy and negligence on the part of the State Government – Unconditional apology tendered by the State for the same cannot be accepted – Issuance of direction to State of Manipur and the concerned Department including respondent no. 2 to issue fresh NIT for appointment of transport contractor under Supplementary Nutrition Programme (SNP), within the stipulated period – Further direction that fresh NIT is conducted in a fair and transparent manner through e-Tender – Judicial deprecation.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Manipur at Imphal dated 04.11.2020 in Writ Appeal No. 28/2018, by which the Division Bench of the High Court has disposed of the said writ appeal with the following directions, a) The State Government and in particular, the Social Welfare Department shall take up immediate steps and issue fresh NIT for transportation of food grains and Micronutrients under the WBNP within a period of 10(ten) days from the date of receipt of a copy of
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