PITAM SINGH Vs. GREATER NOIDA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Sri Awadhesh Kumar Misra, learned counsel for the petitioner and Sri Ramendra Pratap Singh, learned counsel appearing on behalf of the respondent.

(2.) The brief facts, giving rise to the present petition, are that the respondent has issued a tender inviting offers, in respect of the commercial built-up shops, kiosks and offices in Sector Beta-II and Toy City, shopping complex on a ninety years lease basis. The brochure in this regard, publishing terms and conditions for allotment of the shops, kiosks and offices, has been issued. As per the brochure, for the shops, kiosks and offices, in Sector Beta-II, the last date of submission of the tender form was 4th June, 2004 and the date of opening of the tender was also the same date at 04:00 PM. The petitioner submitted the tender form for Shop No. G-1, in Sector Beta II, which was measuring 38.32 sq meters on the deposit of earnest money of Rs.1,37,200/= and the reserved price of the said shop was fixed @ Rs.35,800/= per sq. meter. The petitioner submitted the tender for Rs.42,499/= per sq. meter. Apart from the petitioner's tender, two other tenders were also submitted in respect of the above shop. One tender was @ Rs.41,590/= per sq. meter and the other was @ Rs.41,400/= per sq. meter. The tenders have been invited for other shops also.

(3.) It is the case of the petitioner that on 16th July, 2004, the respondent issued a list of all the successful bidders, who have submitted tenders, in respect of various shops/kiosks/offices, including the shop for which the petitioner submitted tender. In the said list, the name of the petitioner has also been shown as the successful bidder and the same was also duly notified on the notice board of the respondent. The case of the petitioner is that he has repeatedly approached the authorities for acceptance of the tender, but he has not received any positive response. On 24th September, 2004, he has been orally informed that he would not be issued any formal letter of acceptance of his tender inasmuch as the tender amount quoted by him was not sufficient. In respect of other tenders, the respondent on 23.9.2004 issued list of the successful bidders, but the names of the successful bidder in respect of shop in dispute has been withheld. However, nothing has been received from the respondents in writing, the petitioner approached this Court by filing the present writ petition, seeking a mandamus to the respondents to accept bid of the petitioner.