RAJPUT SECURITY SERVICES vs STATE OF GUJARAT & ORS.

By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for the following reliefs;

(A) Your Lordships may be pleased to issue appropriate writ, order or direction quashing and setting aside the tender process for the E-Tender Notice No.01/2017 issued by respondent no.3, in the interest of justice;

(B) Your Lordships may be pleased to stay the implementation, operation and execution of tender process for the E-Tender Notice No.01/2017 issued by respondent no.3, pending the admission, hearing and final disposal of this petition.

At the outset, it is required to be noted that the petitioner has challenged one of the tender condition. While submitting the Commercial /financial price bid and offers, it is provided that the offers with less than TDS rate will not be considered. It is the case on behalf of the petitioner that as such the condition is un-viable and if the offers are to be made with the TDS rate, in that case, it can cause undue hardship to the bidders as many a times the TDS amount is refunded after number of months.

Heard the learned advocate appearing on behalf of the petitioner. At the outset, it is required to be noted that as such the aforesaid condition is applicable to all the bidders and all other bidders have also complied with the same. It is not

the case on behalf of the petitioner that such a condition is stipulated with a view to eliminate the petitioner and /or with a mala fide intention. What should be the condition was always to be left to the concerned authority. Whether such a condition offered will be viable or not it will be considered by the concerned authority and /or concerned bidders. Under the circumstances, the reliefs, which are sought in the present petition, cannot be granted in exercise of powers under Article 226 of the Constitution of India. Hence, the present petition deserves to be dismissed and is accordingly dismissed.