CHANDAN MEDICAL STORES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution praying for directions to the concerned respondents to hand over peaceful and vacant possession of the medical store situated in the campus of Civil Hospital, Ahmedabad, as per the letter of acceptance dated 25.8.2010 granted in favour of the petitioner and to execute necessary contract as per Condition No.4 of e-tender forthwith.

(2.) DURING the pendency of this petition, the respondents have issued a letter dated 8.2.2011 expressing their desire to go for retendering process and hence the petitioner has filed Civil Application No.1889 of 2011 for challenging the said action of the respondents, which came to be allowed and as per the amended prayer, the petitioner has prayed for quashing and setting aside the said letter dated 8.2.2011 and thereby permanently restraining the respondents from going for retendering process.

(3.) PURSUANT to the said letter dated 25.8.2010, since physical possession of the store as promised by concerned respondent was not given to the petitioner, the petitioner wrote letter dated 8.9.2010 and subsequent reminder dated 18.9.2010 requesting the concerned respondent to hand over vacant and peaceful possession from the respondent No.5 as per the contractual terms and to execute necessary contract as per the acceptance letter dated 25.8.2010. The petitioner also simultaneously attended the office of Chief Minister in the public relation meeting and requested concerned authority, who had issued certain instructions to the concerned respondents. On 21.10.2010, respondent No.3 informed the office of the Chief Minister, inter alia, stating that necessary instructions have been passed on to Superintendent of Civil Hospital to hand over vacant and peaceful possession of the medical store within 7 days from the date of the said letter. Inspite of this letter, peaceful and vacant possession of the medical store was not given to the petitioner and hence the petitioner requested the concerned authority vide its letter dated 29.10.2010 to hand over possession of the store to the petitioner. Instead of complying with the said letter, the respondent No.4 addressed a letter to the respondent No.3 seeking his guidance as to what further action should be taken pursuant to the request made by the petitioner to hand over possession of the medical store. The petitioner, thereafter, moved an application dated 9.9.2010 under Right to Information Act, inter alia, seeking certain information in respect of the tender process undertaken by concerned respondent, to which the reply dated 1.11.2010 was given informing in detail about the e-tendering process undertaken by the respondent.