JITENDER SINGH BHATIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. With the consent of the parties, writ petition is taken up for disposal.

(2.) Petitioner has filed this writ petition, seeking a writ of certiorari to quash the decision dated 21.8.2000, passed by respondent No.2, Directorate of Estates, in respect of allotment of Stall No.45, Sector-III, M.B.Road, New Delhi. Respondent No.2 had invited tenders for licensing the said stall. Petitioner and others had submitted their bid. The highest bidder for the said stall was one Mr. Manjit Singh Saluja, who had tendered a sum of Rs.4500.00. Petitioner had given a bid for Rs.2952.00. The reserve price was Rs.1690.00.

(3.) Learned counsel for the petitioner assailed the" decision of respondent No.2 of not granting the licence to the petitioner, who was the second highest bidder, but going in for re-tendering on the ground that as per the long standing practice of the respondent, the second highest bidder was to be given the chance if the highest, bidder withdraws. In the instant case, Mr. Manjit Singh Saluja, who was the highest bidder, had indicated his inability to accept the licence. Learned counsel, therefore, submits that petitioner, who had bid Rs.2952.00, which was significantly higher than the sum of Rs.1690.00, which was the reserve price, should have been awarded the licence. Learned counsel has also cited the instances of number of stalls, namely, stall Nos.32,35,36,40,41 and 44, where the tenderers, who had given a bidl, which was higher than the reserve price, were awarded the licence, without going in for re-tendering.