Gujarat High Court
Scc Infrastructure Pvt Ltd vs State Of Gujarat on 26 April, 2018
Author: M.R. Shah
Bench: M.R. Shah, A.Y. Kogje
C/SCA/5294/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5294 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 5300 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 5301 of 2018
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SCC INFRASTRUCTURE PVT LTD
Versus
STATE OF GUJARAT
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Appearance:
MR MIHIR THAKORE, SENIOR ADVOCATE with MR SAHIL M
SHAH(6318) for the PETITIONER(s) No. 1, 2
MR KAMAL TRIVEDI, ADVOCATE GENERAL with MS SANGITA
VISHEN, ASSISTANT GOVERNMENT PLEADER(1) for the
RESPONDENT(s) No. 1
MR SN SOPARKAR, SENIOR ADVOCATE with MR C B
UPADHYAYA(3508) for the RESPONDENT(s) No. 3
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 26/04/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.1] By way of Special Civil Application No.5294/2018 under Article 226 of the Constitution of India the petitioners have prayed for an appropriate writ, order or direction to quash and set aside the decision dated 28/03/2018 whereby respondent no.3 has been declared to be the technically qualified bidder and subsequently the L1 bidder in the Tender No.1/2017-18 (Sr. No.1) (Construction) of Seeds Storage Structure alongwith amenities at village Miroli, District Page 1 of 5 C/SCA/5294/2018 ORDER Ahmedabad with five years maintenance on EPC basis (Package No.1). It is also further prayed to direct respondents nos.1 to 3 to declare petitioner no.1 as the L1 bidder and subsequently the successful bidder in Tender No.1/2017-18 (Sr. No.1) (Construction) of Seeds Storage Structure alongwith amenities at village Miroli, District Ahmedabad with five years maintenance on EPC basis (Package No.1) [1.2] By way of Special Civil Application No.5300/2018 under Article 226 of the Constitution of India the petitioners have prayed for an appropriate writ, order or direction to quash and set aside the decision dated 28/03/2018 whereby respondent no.3 has been declared to be the technically qualified bidder and subsequently the L1 bidder in Tender No.1/2017-18 (Sr. No.4) (Construction) of Seeds Storage Structure alongwith amenities at village Chalthan, District Surat with five years maintenance on EPC basis (Package No.4). It is also further prayed to direct respondents nos.1 to 3 to declare petitioner no.1 as the L1 bidder and subsequently the successful bidder in Tender No.1/2017-18 (Sr. No.4) (Construction) of Seeds Storage Structure alongwith amenities at village Chalthan, District Surat with five years maintenance on EPC basis (Package No.4).
[1.3] By way of Special Civil Application No.5301/2018 under Article 226 of the Constitution of India the petitioners have prayed for an appropriate writ, order or direction to quash and set aside the decision dated 28/03/2018 whereby respondent no.3 has been declared to be the technically qualified bidder and subsequently the L1 bidder in Tender No.1/2017-18 (Sr. No.6) (Construction) of Seeds Storage Page 2 of 5 C/SCA/5294/2018 ORDER Structure alongwith amenities at village Vanthali, District Junagadh with five years maintenance on EPC basis (Package No.6). It is also further prayed to direct respondents nos.1 to 3 to declare petitioner no.1 as the L1 bidder and subsequently the successful bidder in Tender No.1/2017-18 (Sr. No.6) (Construction) of Seeds Storage Structure alongwith amenities at village Vanthali, District Junagadh with five years maintenance on EPC basis (Package No.6).
[2.0] This Court heard the learned Counsels appearing on behalf of the respective parties. This Court also perused the entire file, which was produced by the learned Advocate General appearing on behalf of the State for perusal of the Court. After making some submissions, Shri Kamal Trivedi, learned Advocate General appearing on behalf of the respondent - State has stated at the Bar that the State Government scraps all the three tenders, being Tender No.1/2017-18 (Sr. No.1), Tender No.1/2017-18 (Sr. No.4) and Tender No.1/2017-18 (Sr. No.6) and fresh tenders shall be invited and thereafter appropriate decision shall be taken on such bids received in accordance with law and on its own merits and after considering the eligibility criteria, which are mentioned while issuing the present Tenders. He has also stated at the Bar that the fresh tenders shall be invited and finalization of the tender process shall be completed at the earliest and preferably within a period of three months from today. The concerned respondents - State authorities are directed to act accordingly. Respective tenders in question, namely being Tender No.1/2017-18 (Sr. No.1), Tender No.1/2017-18 (Sr. No.4) and Tender No.1/2017-18 (Sr. No.6), stand scraped /cancelled with a liberty in favour of the State Page 3 of 5 C/SCA/5294/2018 ORDER to invite fresh tenders for the same.
[3.0] In view of the above, Shri Mihir Thakore, learned Counsel appearing on behalf of the petitioners does not press the present petitions as now the cause for prayer in terms of paragraph (a) in each of the petitions will not survive.
[3.1] In view of the subsequent development noted hereinabove, he does not press the prayer in terms of paragraph (b) of each of the petitions as the fresh tenders are now being invited and the petitioners shall also participate in the same.
[4.0] Shri S.N. Soparkar, learned Counsel appearing on behalf of respondent no.3 has also stated at the Bar that he has no objection if the State Government is permitted to scrap the present tenders in question and fresh tenders are invited.
[5.0] In view of the above stand taken by the learned Counsels appearing on behalf of the respective parties, more particularly, the stand taken by the respondents - State authorities recorded hereinabove, respondents - State authorities are permitted to scrap the respective tenders in question, namely, being Tender No.1/2017-18 (Sr. No.1), Tender No.1/2017-18 (Sr. No.4) and Tender No.1/2017-18 (Sr. No.6) and invite fresh tenders for the same. Consequently, the respective tenders in question, being Tender No.1/2017-18 (Sr. No.1), Tender No.1/2017-18 (Sr. No.4) and Tender No.1/2017- 18 (Sr. No.6) stand scrapped /cancelled with a liberty in favour of the respondent - State authorities to invite fresh tenders as per the statement made by Shri Kamal Trivedi, learned Page 4 of 5 C/SCA/5294/2018 ORDER Advocate General recorded hereinabove and as observed hereinabove, fresh tender process shall be completed within a period of three months from today.
With this, present petitions stand disposed of.
(M.R. SHAH, J.) (A.Y. KOGJE, J.) siji Page 5 of 5