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Indore Education And Services Society ... vs Ministry Of Housing And Environment on 22 March, 2024
cites
Laxmikant & Ors vs Satyawan & Ors on 19 March, 1996
20. Lastly, learned counsel for the respondent no. 2 and 3 submitted that
the Courts do not have expertise to correct the administrative decisions as
has been held by the Apex Court in the case of Laxmikant and Ors Vs.
Satyawan and Ors. reported in (1996) 4 SCC 208, the government must
have freedom to enter into a contract.
State Of Orissa And Ors vs Harinarayan Jaiswal And Ors on 14 March, 1972
In support of this
contention, he has placed reliance on the State of Orissa vs.
Harinarayan Jaiswal case (supra), relevant paragraph of
which reads as under:
State Of Uttar Pradesh And Ors. vs Vijay Bahadur Singh And Ors. on 23 March, 1982
In support of the said proposition, learned senior counsel
for the defendant, Mr. Rakesh Dwivedi has also placed
reliance upon another decision of this Court in State of U.P
vs. Vijay Bahadur Singh (supra).
Article 226 in Constitution of India [Constitution]
Article 12 in Constitution of India [Constitution]
Rajasthan Housing Board And Another vs G.S. Investments And Another on 31 October, 2006
(ii) It is further contended that the highest bidder does not have a vested
right and in the judicial review, the Court can only examine the decision
62
W.P. 3523 of 2017
making process and not the decision itself. He further placed reliance on
the judgment passed in the case of Rajasthan Housing Board Vs. G.S.
Investments reported in 2007(1) SCC 477 [relevant para are reproduced
above in para 18].
Union Of India & Ors vs M/S. Bhim Sen Walaiti Ram on 29 September, 1969
Once these aspects are recognised, there appears to be no
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W.P. 3523 of 2017
basis for contending that the owner of the privileges in
question who had offered to sell them cannot decline to accept
the highest bid if he thinks that the price offered is inadequate.
There is no concluded contract till the bid is accepted. Before
there was a concluded contract, it was open to the bidders to
withdraw their bids -- see Union of India v. Bhimsen Walaiti
Ram[13]. By merely giving bids, the bidders had not acquired
any vested rights. The fact that the Government was the seller
does not change the legal position once its exclusive right to
deal with those privileges is conceded. If the Government is
the exclusive owner of those privileges, reliance on Article
19(1)(g) or Article 14 becomes irrelevant. Citizens cannot
have any fundamental right to trade or carry on business in
the properties or rights belonging to the Government--nor
can there be any infringement of Article 14, if the Government
tries to get the best available price for its valuable rights. The
High Court was wholly wrong in thinking that purpose
of Sections 22 and 29 of the Act was not to raise
revenue.
M/S Master Marine Services Pvt. Ltd vs Metcalfe & Hodgkinson Pvt. Ltd. & Anr on 19 April, 2005
➢ Master Marine Services (P) Ltd. Vs. Metcalfe
& Hodgkinson (P) Ltd. and Anr reported in (2005) 6
SCC 138.
Tata Cellular vs Union Of India on 26 July, 1994
"70. It cannot be denied that the principles of judicial review
would apply to the exercise of contractual powers by
Government bodies in order to prevent arbitrariness or
favouritism, However, it must be clearly stated that there are
inherent limitations in exercise of that power of judicial
review. Government is the guardian of the finances of the
State. It is expected to protect the financial interest of the
State. The right to refuse the lowest or any other tender is
always available to the Government. But, the principles laid
down in Article 14 of the Constitution have to be kept in view
while accepting or refusing a tender. There can be no question
of infringement of Article 14 if the Government tries to get the
best person or the best quotation. The right to choose cannot
be considered to be an arbitrary power. Of course, if the said
power is exercised for any collateral purpose the exercise of
that power will be struck down."