2019 (7) TMI 1428 - HC - Indian Laws

Non-compliance of the amended clause No.6.4.2.1 - invitation of tenders for construction of seeds storage structures alongwith the amenities for seven villages in different Districts of the State of Gujarat - HELD THAT - The writ-applicant participated in the tender process. It appears that, later one of the conditions providing the eligibility criteria came to be modified. The writ-applicant is aggrieved by such action on the part of the Corporation in modifying the eligibility criteria. In such circumstances, the writ applicant thought fit to come before this Court with the present petition. Application disposed off.

Summary

Issues:
1. Request for early hearing of the main matter.
2. Challenge to the corrigendum issued for Tender Notice No.1 of 2018-19 for package No. 4 & 5.
3. Extension of bid document download end date for package No. 4 and 5.
4. Direction to re-invite tenders for construction of seeds storage structure for package No. 4 & 5.

Analysis:
1. The Civil Application was filed by the Gujarat State Seeds Corporation Ltd. seeking an early hearing of the main matter. Due to certain developments, the Court decided to take up the main matter for hearing on the same day and disposed of the Civil Application. The Special Civil Application was not notified separately but was treated as such for disposal along with the main matter.

2. The petitioner, a company incorporated under the Companies Act, 1956, filed a writ-application under Article 226 of the Constitution of India challenging the corrigendum No. 9 dated 2.2.2019 issued for Tender Notice No.1 of 2018-19 for package No. 4 & 5. The petitioner sought various reliefs, including quashing the corrigendum, extending the bid document download end date, and directing the respondent to re-invite tenders for the construction of seeds storage structures.

3. The respondent-Corporation had invited tenders for the construction of seeds storage structures for seven villages in different districts of Gujarat. The petitioner participated in the tender process, but later, one of the eligibility criteria was modified, leading to the petitioner's grievance. The Corporation decided not to proceed further with the tender Notice No. 1 of 2018-19 and opted to scrap the tender process temporarily. The Corporation indicated the possibility of issuing a fresh tender in the future, allowing the petitioner to participate if qualified under the new terms.

4. The learned Advocate General representing the Corporation informed the Court about the Corporation's decision to not continue with the ongoing tender process and the potential consideration of floating a fresh tender in the future. Given these developments, the Court disposed of the writ-application, discharged the notice, and vacated the interim relief granted earlier. The Court did not delve into the merits of the case due to the Corporation's decision regarding the tender process.