KESHUBHAI PARBATBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition has been filed by the petitioners under Articles 14, 19 and 226 of the Constitution of India on the grounds stated in the petition for the following prayers :

(2.) HEARD learned counsel, Shri N.K. Majmudar for the petitioners at length and learned AGP Shri Bharat Vyas for the respondents.

(3.) LEARNED AGP Shri Vyas referred to the affidavit inreply and submitted that as stated in this affidavitinreply, the auction has been held and the conditions are specified with regard to the auction. He submitted that condition no.7 clearly provides that if someone else on behalf of bidder desires to remain present for the purpose of giving his bid, certified power of attorney should be produced. He submitted that in the facts of the present case, the petitioner no.1 or the proprietor has not remained present but admittedly one Abdul Rauf Abdul Salam Kadva had remained present and if the petitioners have not participated in the auction in violation of the conditions itself, it cannot be claimed as a matter of right that auction must be upheld. Learned AGP Shri Vyas has also referred to affidavitinreply and submitted that again when the representation was made, the case of the petitioners was considered, however at the highest level, it was sought to be reconsidered in light of the policy of the Government. Learned AGP Shri Vyas referred to AnnexureR II dated 10.05.2007 and submitted that as stated in this communication, there was cartel formed and only 8 10 persons gave biding, which would not be in the interest of revenue and it cannot be said that the public interest would be served. Further, the objections were sought to be raised and, therefore, by an order dated 10.05.2007, whole auction was sought to be cancelled and it was decided to follow the tender procedure after following procedure. Therefore, learned AGP Shri Vyas submitted that it is for the respondent authority to consider in public interest about the suitable method if once the method is not found just and proper in public interest. He submitted that the tender or contract for cutting woods in a huge area requires to be given and the auction method as stated in the communication dated 10.05.2007 had totally failed which has led to cancellation. Learned AGP Shri Vyas therefore submitted that the petitioners cannot claim any right as no right can be said to have been accrued when during the auction itself, there was cartel formed and the objections were raised in the auction proceeding, which could not have been granted. However, he submitted that on the basis of some representation, as a 'special case', his case had been considered, which again reexamined at the highest level and it was decided to cancel the auction and invite fresh tender. Learned AGP Shri Vyas therefore submitted that the petitioners cannot make any grievance merely because there was some participation. At the cost of repetition, learned counsel, Shri Vyas submitted that in fact the petitioners have never participated and someone else, who is not properly authorized on their behalf, remained present. He submitted that it is because of some instances, whole auction proceedings were in chaos as stated in letter at AnnexureR II produced with the affidavitin reply.