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TMI Blog1987 (11) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... short question which falls for determination is whether the Deputy Commissioner who imposed some conditions while calling for tenders has the power to relax some of those conditions in public interest, particularly, in accounting for considerable savings in the outlay of expenditure for building janatha houses. Sri Sridharan says that the Deputy Commissioner does not have such power and that he will support that proposition by judicial authority. Call this matter next week. " Today, the Government advocate has produced the records for the perusal of the court. Sri Sridharan has strenuously contended that the learned Deputy Commissioner who invited tenders for supply of wooden materials in the tender notice had set out certain conditions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p paper of Rs. 5 value if they are successful in winning the contract. Condition No. 9 provides that the tender should be accompanied by income-tax as well as sales tax clearances certificates. The allegation by the petitioner is that the successful 3rd respondents-tenderers along with their tenders submitted their registration certificates as contractors to evidence not being saw mill owners and also did not enclose sales tax and income-tax clearance certificates, and, therefore, they were ineligible to be considered. In that view of the matter, those documents being the very basis for judging their suitability or eligibility, relaxing the production of those documents tantamounted to total arbitrariness and, therefore, violative of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and, therefore, despite some of the tenders which have been accepted though not accompanied by those certificates have been approved on account of the cost, saving which amounts to Rs. 700 to Rs. 800 per house and, therefore, he has relaxed the said condition and accepted the lowest rates offered for the specified wooden materials. The importance of calling for tenders at competitive prices for building janatha houses is to keep the cost of construction as low as possible without allowing the quality of the materials supplied to be inferior. If that object of inviting tenders is borne in mind, then the submission made by Sri Sridharan for the petitioner that the income-tax and sales tax clearance certificates would demonstrate the credibi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he provisions of the Karnataka Excise Act and the numerous rules made thereunder. While dealing with the power of the State in exercise of its executive power under article 162 of the Constitution, one of the learned judges has held that in matters of deciding on policy, it is open to the executive to take any decision which, in the opinion of the executive, is given to the State and the fact of taking such a policy decision could be gathered from the decision itself. That, in my view, instead of assisting the petitioner, defeats his argument. In any event, the power exercised under article 162 of the Constitution is attributed to the Government as a whole and the Deputy Commissioner does not exercise power under article 162. He only acts a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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