DSP CONSTRUCTION COMPANY Vs. VADNAGAR NAGAR PALIKA

JUDGEMENT

(1.) Mr.Mehul Rathod, learned counsel appearing for the respondent has circulated leave-note. However, learned counsel appearing for petitioner has opposed any adjournment being granted. Hence, leave-note circulated by learned advocate for respondent stands rejected. However, we note that respondent is represented by Ms.Nilam Chauhan, learned advocate, who is present before the Court and she assures the Court to address the arguments on behalf of Mr.Mehul H. Rathod.

(2.) Since the matter lies on a narrow compass, we have taken up this matter for final disposal with consent of learned advocates appearing for the parties.

(3.) Respondent invited e-tenders for the work of construction of CC road, divider, grill, plantation and storm waterline in various area at Vadnagar under SJMMSVY - Sadak Yojana, District Mehsana by tender notice dtd. 12/2/2022. Said tender was under two tier basis namely technical and financial. Petitioner is a proprietory concern and duly registered as 'A' Class contractor with the Government of Gujarat. He participated in the subject tender by submitting his bid. As per the tender conditions, technical bid was required to be opened on 2/3/2022 and final bid or financial bid was required to be opened on 4/3/2022. Accordingly, it was opened and in the technical bid, petitioner came to be disqualified. As such, his financial bid was not opened and on opening the financial bid, respondent No.2 was found to be L1 bidder and accordingly, contract has been awarded by issuance of work order dtd. 28/4/2022. Being aggrieved by not opening of his tender, petitioner has approached this Court and sought for a direction to respondent No.1 to open the bid submitted by petitioner. The prayer sought for by petitioner reads :