PRIME PUBLICITY Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) In all these Petitions under Articles 226 and 227 of the Constitution, the petitioners have sought for quashing the communication dated 3-5-1985 issued by the 2nd respondent informing the petitioners that the bids offered by them in respect of the various sites in the auction conducted on 15th and 16th April 1985 are not approved by the competent authority. They have also prayed for a declaration that the highest bids offered by them are final and conclusive and further to quash the notice dated 2-5-1985 issued by the 2nd respondent for holding re-auction of the sites in question on 23-5-1985. There is a further prayer made in these Petitions to direct the 2nd respondent to forbear from holding the re auction as notified under Annexure-D.

(2.) As far as the last prayer is concerned, it does not survive because the re-auction has taken place. The petitioners are the highest bidders in the re auction. The proceeding relating to confirmation or otherwise of the highest bids offered in the re-auction is held up because of the interim order passed in these Petitions.

(3.) 3.1) The facts necessary to consider the contentions raised in these Petitions are not in dispute and the same are as follows : There are 84 sites intended to be used for putting up advertisement boardings belonging to the Defence Department of Government of India. The right to put up the advertisement hoardings on these sites was auctioned on the 15th and 16th April 1985. The petitioners and several others participated in that auction. The bids offered in respect of the 42 sites have been accepted and the remaining 42 sites have not been accepted by the Central Government. As far as acceptance of the highest bids in relation to the 42 sites are concered, it is not the subject matter of these Writ Petitions. We are only concerned in these Petitions with the remaining 42 sites in respect of which the bids are not accepted by the Central Government.