NILESHKUMAR BABULAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard both the sides for final disposal. The petitioner by this petition has challenged the action on the part of respondent No.4 Gram Panchayat for issuing tender vide advertisement dated 16.09.2010, whereby the offers were invited of the parties for excavation of the soil over the area which is marked for lake.

(2.) AFTER the matter was argued for sometime by both the sides, the learned advocate appearing for both the sides are in agreement on the following aspects: The work for inviting of the tender and finalisation thereof may be assigned to the officer not below the rank of Deputy DDO who may be marked by DDO for such purpose instead of respondent No.4 Gram Panchayat.

(3.) WE may record that there are basic infirmities in certain conditions of the contract and also in fixation of upset price if the earlier litigation is taken into consideration and orders passed by this Court are considered. Therefore, the aforesaid agreement as declared before us appears to be reasonable and if such is allowed to be implemented, the same would be in larger interest of the revenue of the Gram Panchayat, that too under the supervision of the higher officer of the rank of Dy. D.D.O. Hence, the following order: The work for inviting of the tender and finalisation thereof shall be assigned to the officer not below the rank of Deputy DDO who shall be marked by DDO for such purpose instead of respondent No.4 Gram Panchayat.