P KAVITHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India the petitioner one of the bidder who had submitted her bid for the tender work for Door to Door Refuse Garbage Collection and Transportation using close body of vehicles model of 2015 RTO passing, with Tipping Arrangement including labours in accordance with Municipal Solid Waste (Management and Handling) Rules, 2016 for the period of 5 years for all seven (East, West, SouthWest, SouthEast, North, South and Central) Zones of Surat City has prayed for an appropriate writ, direction and order quashing and setting aside the action of the respondent ­ Surat Municipal Corporation (hereinafter referred to as "SMC") in considernig the bid submitted by M/s. Western Imaginary Transcon Pvt. Ltd. as well as the bid submitted by Om Swachatha Corporation as qualified for the Tender Notice No.PHD/DCHH/19/201617 issued by the SMC for Door to Door Refuse Garbage Collection and Transportation using close body of vehicles model of 2015 RTO passing, with Tipping Arrangement including labours in accordance with Municipal Solid Waste (Management and Handling) Rules, 2016 for the period of 5 years. The petitioner has also further prayed for an appropriate writ, direction and order directing the respondent authorities to consider the price bid submitted by the petitioner for the aforesaid tender for awarding the contract in western zone.

(2.) The facts leading to the present Special Civil Application in nut shell are as under:

(3.) Shri R.R. Marshall, learned Senior Advocate has appeared on behalf of the petitioner and Shri Kamal Trivedi, learned Senior Advocate has appeared on behalf of the Surat Municipal Corporation. Shri Shalin Mehta, learned Senior Advocate has appeared on behalf of respondent No.6, Shri S.P. Majmudar, learned Advocate has appeared on behalf of respondent No.5 and Shri Yatin Soni, learned Advocate has appeared on behalf of respondent No.4.