PARTHRAJSINH BALVANSINH JETHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner challenging order dated 8/9/5/2019 against the petitioner, whereby earnest money deposit of Rs.3,00,000.00, wallet money of Rs.2,54,000.00, as also security deposit of Rs.29,72,000.00 came to be forfeited, as also the petitioner is put on the blacklist for future work. The total amount, which is forfeited, is claimed to be refunded to the petitioner, with 12% interest from the date of deposit till its realization.

(2.) Pursuant to notice issued, respondent appeared and filed reply to the petition at page 105. Vide order dtd. 27/2/2024, petition was permitted to be amended in terms of draft amendment dtd. 5/8/2023, as there was no objection by learned advocate for the respondent. On 2/4/2025, arguments were concluded and the matter was posted for dictation of judgment and order, on various dates. Since we could not spare time for dictating the judgment and order on earlier occasions, we deem it fit to take up this matter for dictation of judgment today, as all admission board matters are over.

(3.) As coming out from the petition, respondent-Corporation invited tender to supply materials to mid-day meal centers and anganwadi centers by reverse E-auction system for the year 2019-2020. Tender notice inviting offers from bidders in all the districts of Gujarat for door-step delivery of foodgrains and other essential commodities (district wise) was notified on 11/2/2019, last date of submission of bid was 4/3/2019 and reverse E-auction was held on 7/3/2019. By communication dtd. 30/3/2019, respondent-Corporation accepted the offer made by the petitioner and it was decided to allot the work for door-step delivery for Ahmedabad city to the petitioner, subject to the terms and conditions mentioned in the tender document. Vide communication dtd. 1/4/2019, work order came to be issued for door-step delivery for Ahmedabad city to the petitioners' sole proprietorship concern, directing the petitioner to start work with effect from 1/4/2019, though, no such communication signifying the acceptance of the offer made by the petitioner has been produced along with present petition.