BHAVNA WATER SUPPLIERS Vs. NOTIFIED AREA OFFICER

JUDGEMENT

(1.) In these petitions under Article 226 of the Constitution of India, the petitioners have challenged the allotment of tender for providing drinking water at Socia Ship Breaking Yard. The petitioner is providing drinking water at Socia Ship Breaking yard since 1997. The contract with the petitioner came to an end on 31st March, 2003. The petitioner was supplying water at the rate of Rs.33.00 per MT.

(2.) The tender notice bearing no. 1/02/03 dated 7.3.2003 was issued by respondent no.1 for supply of water for one year whereby the bidders were to supply their sealed tenders on or before 20th March, 2003. The tender notice given in newspaper is at Annexure "D" to the memo of the petition, Special Civil Application no. 15264 of 2003. It is alleged that there were certain pre-conditions mentioned in the tender notice which inter alia provide that the bidder must have its own borewell, tractors, trailers, tankers etc. The petitioners had filled up the tender and submitted within time limit stipulated in the tender notice. The respondent no.1 allotted the tender work to respondent no. 4 being the lowest bidder. The details of conditions of tender are referred in the copy of Tender Form which is at Annexure "C" to the memo of petition No. 15276 of 2003. It is contended that Special Civil No. 15264 of 203 may be treated as the main matter as another Special Civil Application No. 15276 of 2003 also raises same contentions. D

(3.) The petitioners have raised an objection to the effect that The Excellent Yuvak Mandal (the respondent no. 4) is not fulfilling all the pre-conditions mentioned in the tender notice. As per the petitioner, the respondent no. 4 does not have its own borewells, nor they have tractors, tractor trailers and tankers. It is contended by the petitioner that the petitioner (of Special Civil Application No. 15264 of 2003) with another bidder, namely Chandrasinh G. Gohil (who is petitioner of Special Civil Application no. 15276 of 2003) had also raised the same objection vide letter dated 28.3.2003 against the supply of tender form to the respondent no. 4 i.e. Shri Excellent Yuvak Mandal. It is also contended by the petitioner that without considering the objections and representations of the petitioner bidder as well as another bidder, the respondent authority has, arbitrarily issued tender form to Shri Excellent Yuvak Mandal i.e. respondent no. 4 who has agreed to provide water at the rate of Rs.20/per MT. It may be noted at this stage that the petitioner was providing water since 1997 at the rate of Rs.33.00 per MT. It is also admitted in the memo of petition in para 3.11 to the effect that the respondent no.1 authority had written a letter dated 29th May, 2003 (contract with the petitioner came to an end with effect from 31st March, 2003, despite this fact, the petitioner was supplying water to Socia Ship Breaking Yard) asking whether the petitioner is prepared to supply water at the rate of Rs. 20.50 per MT.