PATELIYA ROOPCHANDBHAI LALABHAI vs STATE OF GUJARAT & ANR.

Since the facts and contentions raised in all these petitions are more or less common, the same were taken up for hearing together and are disposed of by this common judgment.

The petitioners have called in question the public notice issued by the second respondent in Gujarat Samachar newspaper, Vadodara edition on 28.1.2017 and seek a direction to the respondents to allot 40% of the units to the cooperative societies of tribal and local residents for collection of minor forest produce, namely, Timru leaves, as per the policy framed by the Government.

The facts, as emerging from the record, reveals that initially the second respondent issued a public notice in Sandesh newspaper dated 6.1.2017 inviting tenders from cooperative societies for collection of Timru leaves in tribal and non-tribal areas for 2017 season. The petitioners are cooperative societies which submitted tenders in response

thereto. All the tenders were opened on 23.1.2017. However, subsequently no order was passed pursuant thereto either accepting or rejecting the tenders. Thereafter, by the impugned tender notice, the second respondent has invited tenders for collection of Timru leaves in respect of all 113 units, without allotting 40% of the total units to the cooperative societies. Being aggrieved, the petitioners have filed the present petitions.

In response to the notice issued by this court, the second respondent has put in appearance through Mr. Nandish Chudgar, learned advocate for M/s. Nanavati Associates, learned advocates, who has submitted that pursuant to the decision of a Division Bench of this court dated 6.4.2016 made in Special Civil Application No.3059 of 2016, the respondents have amended the policy for allotment of blocks to cooperative societies and that pursuant to the tender notice dated 6.1.2017, none of the cooperative societies were found to be eligible and hence, tenders were invited in respect of all the blocks without reservation of 40% blocks for cooperative societies.

Vide order dated 1.2.2017, this court while issuing rule had by way of interim relief directed that the second respondent may proceed further pursuant to the impugned tender notice, however, 40% of the total blocks shall not be allotted. Accordingly, the respondents have proceeded further with the allotment of blocks, however, 40% thereof have not been allotted.

Today, the learned advocates for the petitioners have

suggested an amicable resolution to bring an end to the entire dispute by issuance of a fresh tender notice in respect of the 40% blocks of the total units (44 blocks) which are reserved for allotment to the cooperative societies, with a condition that the respondents shall not insist upon implementation of one of the conditions which has been inserted by virtue of the newly amended policy, viz., "the concerned cooperative society shall be allotted Timru blocks in the area of its operation".

Mr. Nandish Chudgar, learned advocate for the second respondent, under instructions, of the officer who is present before the court, has submitted that for the present year, the operation of the said condition may not be insisted upon. However, the petitioners and other cooperative societies would be required to satisfy the remaining conditions imposed by the newly amended policy. The learned advocates for the petitioners have submitted that sufficient time be granted to the cooperative societies to satisfy the said conditions, to which the learned advocate for the second respondent (under instructions) has no objection.

In the light of the consensus arrived at between the respective parties, the petitions are disposed of with the following conditions :-

(1) The second respondent shall invite a fresh tender in respect of the 40% blocks (44 blocks) for collection of Timru leaves which have not been allotted and which were required to be reserved for the cooperative societies.

(2) While considering the eligibility of the concerned

cooperative societies, the respondents shall not insist upon the compliance of the condition with regard to the allotment of blocks to cooperative societies within the area of their operation for the year under consideration.

(3) The respondents shall also allow a time of ten days from the date of publication of issuance of the public notice to the concerned cooperative societies for satisfying the conditions.

Rule is discharged in Special Civil Applications No.1634 and 1672 of 2017 and notice is discharged in Special Civil Application No.2115 of 2017 with no order as to costs.