S S ENTERPRISE Vs. CHIEF OFFICER

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution, the petitioner- proprietory concern of Bholanath R. Shukla has challenged the decision of the Chief Officer, Notified Area, Saputara in Dangs District awarding contract for Toll Tax collection on the Saputara Malegaon road at Girinagar Saputara to respondent No. 3 -Chandarbhai Somabhai Gavit at monthly rate of Rs. 5,79,000/ -.

(2.) THE petitioner has contended that the petitioner is a registered Contractor with Public Works Department, Surat and has been awarded various contracts for Toll Tax collection by the authorities in the State of Gujarat and the State of Maharashtra and has also been awarded contracts for running parking lots in Delhi and Mumbai.

(3.) RESPONDENT No. 1 had issued a public advertisement inviting bids for contract for collection of Toll Tax at Saputara Magdalla Road by 19. 6. 2007 and auction was scheduled to be held on 21. 6. 2007 at 3. 00 p. m. The parties were required to submit application form alongwith deposit of Rs. 56,000/-, being 10% of the upset price, which was fixed at Rs. 5,60,000/- per month. The petitioner's case is that the petitioner had submitted application form quoting Rs. 6,80,000/ -. According to the petitioner, the petitioner had remained present at the office of respondent No. 1, where the auction was to be held on 21. 6. 2007 at 3. 00 p. m. But, respondent No. 1 did not allow the petitioner to participate in the auction on the ground that the petitioner was neither a registered firm nor a registered company or having any legal entity. At the said auction, there were 38 applicants. However, most of them did not participate in the auction and the highest offer of Rs. 5,80,000/- was made by respondent No. 3 and the contract was awarded by respondent No. 1 to respondent No. 3.