P H TRANSPORT Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) Heard Shri Hriday Buch for the petitioner and Shri Siraj Gori, learned A.G.P., appearing on the advance copy of this petition being served upon him for the respondent No.1 - State of Gujarat and Shri K.M.Patel, learned Counsel for respondents No.2 & 3.

(2.) The petitioner - P.H.Transport has filed this petition through its Partner Shri Nilesh Hargovanbhai Vithlani of Junagadh, under Art. 226 of the Constitution of India and prayed that the impugned order dated 9.3.2005 (Annexure:A), passed by the Manager (LTC) respondent No.3 of Gujarat State Civil Supplies Corporation Ltd. - respondent No.2, be quashed and set aside and the respondents be directed to permit the petitioner or its representatives to participate in the negotiation scheduled to be held on 15.3.2005 at 10.30 am. i.e. today.

(3.) It may be stated that yesterday at 11.00 am Shri Buch, learned Counsel for the petitioner mentioned before us to circulate this matter at 2.15 pm. yesterday i.e. on 14.3.2005 on the ground that the negotiations were going to take place on 15.3.2005 at 10.30 pm. His request was not acceded as an attempt was made to stall the order at last minute, but he was permitted to circulate this matter today i.e. on 15.3.2005. Accordingly, this matter was listed at Sr.No.5 in today's Ist Urgent Admission Board and by giving top priority to Shri Buch, his matter was taken up as first case. When the matter was taken up, learned Counsel Shri K.M.Patel appeared for respondents No.2 & 3 though no notice was issued by us on this petition. When asked, Shri Patel stated at the Bar that the respondents No.2 & 3 were informed by Fax Message dated 14.3.2005 that against their decision dated 9.3.2005 they (the petitioner) have approached High Court and the hearing of the same is fixed by this Court on 15.3.2005 at 11.00 am, therefore, negotiation be postponed or deferred at least till afternoon. Shri Patel further stated at the Bar that on being informed they themselves have deferred the negotiation of Junagadh District and kept it last after the negotiation with the tenderers of about 4 to 5 districts of the State of Gujarat.