SURENDRAPAL MUKUNDLAL KHANEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner challenging the communication dated 02.01.2015 and 09.04.2015 by the respondent No.2-Gujarat Housing Board (for short "GHB") By the said communication, the auction process undertaken by the respondent was set aside. As a result of which, allotment made to the petitioner pertaining to such auction process was also set aside.

(2.) It is the case of the petitioner that in the month of October- 2013, the GHB invited applications for purchase of various properties in different parts of Gujarat. The petitioner accordingly, made an application for purchase of rent office situated at Khatodara, Surat. The petitioner being highest bidder, the said rent office was alloted to the petitioner by the respondent-GHB.

(3.) Learned advocate appearing for the respondents opposing the petition submitted that the petitioner had to fulfill all conditions of the tender bid to complete the entire process of auction but the petitioner was failed and not complied with the condition No.1 of tender bid and therefore, the entire process of tender was cancelled and cheque towards the amount paid was refunded to the petitioner. He submitted that the petitioner ought to have abide by all the conditions of the tender bid but it is an admitted fact that the petitioner could not satisfy the condition No.1 of the tender bid and hence, the respondents have rightly cancelled the entire tender process and also returned back the paid amount to the petitioner.