ARVINDBHAI VALLABHBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by this petition, has prayed for the relief, inter alia, to quash and set aside the decision dated 2.11.2010 Annexure-A, whereby the petitioner has been intimated that since he was not found eligible, his tender has not been accepted. The petitioner has also prayed to direct the respondent to permit the participation of the petitioner at the auction proceedings, which were to be held on 18.11.2010 and the alternative prayer made by the petitioner is that the auction proceedings dated 18.11.2010 be quashed and set aside.

(2.) Heard Mr.Asim Pandya, learned Counsel for the petitioner, Mr.Maulik Nanavati, learned AGP for the State Authorities and Mr.Y.N. Oza, learned Counsel appearing for the respondent No.8. The other respondents are served, but they have not appeared.

(3.) The contention raised on behalf of the petitioner was that certain conditions included in the tender were only formal and the opportunity could have been given to meet with the same before the forms were opened. It was submitted that as per the petitioner, certain conditions are such that it is impossible to be complied with namely; that the production of the Income Tax Department's clearance certificate though such practice has been discontinued for a long time by the Income Tax Department to issue such certificate. It was, therefore, submitted that the decision on the part of the concerned respondent authority for rejection of the tender of the petitioner is arbitrary and unreasonable.