(1.) The prayer in the present writ petition filed under Article 226 of the Constitution of India is for issuance of a writ in the nature of certiorari quashing Clauses 2.1.3 and 2.1.4 of the additional terms and conditions of the Auction Notice (Annexure P-2).
(2.) An auction notice was floated by Union Territory of Chandigarh, Transport Department for allotment of Transit Lodge (Room Nos.46 to 54, 61 and three hall) at 1st Floor, ISBT-17 of Inter-State Bus Terminal (for short 'ISBT'), Sector-17, Chandigarh. The Chandigarh Transport Undertaking (CTU) is in possession of 10 rooms and 03 halls at ISBT and intended to allot them on monthly rentals/licence basis for a period of three years.
(3.) The said auction notice was in the nature of a Notice Inviting Tender (NIT). The bidders had to qualify in the technical bid as well as financial bid for allotment of licenses. The dispute herein relates to the conditions stipulated in Clauses 2.1.3 and 2.1.4 of the additional terms and conditions for allotment and Clauses 2.1.3 and 2.1.4 are extracted hereinafter, for ready reference: