IN THE HIGH COUR T OF GUJARAT AT AHMEDABAD

DIS T: SABARKANTHA
SPECIAL CIVIL APPLICATION NO.

OF 2015

In t he matter under Ar ticle 14, 19(1) (g),

of t he Constitution of India;
AND
In t he matter under Ar ticle 226 of t he
Constitution of India;
AND
In t he matter under t he provisions of
t he Indian Contract Act;
AND
In t he matter between:
Shr i Mitesh H. Shah,
A ge: 40, Sex: Male
Add. 20, Pushpakunj Society,
Valasna Road, Idar,
Dist. Sabarkant ha.

Petitioner
VERSUS

Idar Nagar palika,

Through its Chief offi cer/ President,
Add. Nagar Seva Sadan,
Nr. Dhudeta Dar waja, Idar,
Dist. Sabarkant ha.

To,

Respondent

The Honble t he Chief Justice & ot her

Hon'ble Judges of t he High Cour t of
Gujarat At Ahmedabad.
The Petitioners above named:

MOST RESPECTFULLY SHEWETH THAT:

1.

The petitioner is a national and citizen of India, and

as such is entitled to protection of fundamental
r ights enshr ined under t he Constitution of India
and for enforcement of legal r ights.

2.

By

t he

present

petition,

t he

petitioner

seeks

appropr iate directions upon respondent to execute

t he agreement, as per t he letter of intent dated
23/28.4.2015

awarding

constr uction

contract

of

slab drains to t he petitioner; and fur t her seeks to

challenge

t he

absolutely

illegal,

unjustifi ed,

arbitrar y, unreasonable and unfair action of t he

respondent, interalia, published notice in newspaper
dated

10.5.2015

re-inviting

online

tender

for

constr uction of slab drains in four diff erent work

i.e. (1) Constr uction of slab drain from ar ts and
Commerce college to railway crossing, At- Idar (2)
Constr uction of slab drain from bar vav road to
keshav park society, At- Idar (3) Constr uction of
slab drain from shukan-2 society to shubh city, At-

Idar (4) Constr uction of slab drain from vagjibhai

home to desai sids, At- Idar. A copy of letter of
intent and notice are annexed hereto and marked as
ANNEXURE A (Colly) to t his petition.
3.

The br ief facts leading to t he present petitioner are

as under:

4.

The petitioner is in t he business of constr uction and

has gained distinct and unimpeachable reputation
in t he business, for t he past years. The petitioner
has

successfully

completed

several

constr uction

contracts wit h institutions.

5.

The respondent Idar Nagar palika, had published

notice in newspaper dated 26.3.2015, inviting online
tenders, for Four diff erent packages of work i.e. 1)
Constr uction

of

Drain

Slab,

2)

Constr uction

of

Vegetable Market, 3) work of A anganvadi Building,

4) work of LED Street Lights and Road Widening.
The last date and time for submitting online bid
were made 10.4.2015 by 18.00 Hours. The bidders
were

also

ear nest

required

money

to

submit

secur ity

t he

deposit

tender

fees,

and

ot her

requisite documents t hrough registered post/speed

post

and

t he

last

date

was

made

15.4.2015.

Annexed hereto and marked as ANNEXURE B is t he

copy of t he notice.
6.

That out of four diff erent packages of work tender,

t he estimate value for t he constr uction of Drain
Slab compr ising in four par ts would be of Rs. 1.38
Crores and t he said work required to be completed
wit hin 9 mont hs. The petitioner along wit h ot her
bidders

would

place

online

bid

to

be

granted

contract for constr uction of slab drains compr ising

in four par ts i.e. (1) Constr uction of slab drain from
ar ts and Commerce college to railway crossing, AtIdar (2) Constr uction of slab drain from bar vav road
to keshav park society, At- Idar (3) Constr uction of
slab drain from shukan-2 society to shubh city, AtIdar (4) Constr uction of slab drain from vagjibhai
home

to

desai

sids,

At-

Idar,

wit h

technical

proposals and requisite documents accompanied by

tender fees of Rs. 3,600/- and ear nest money / bid
secur ity

of

Rs.

1,38,000/-

submitted

by

t he

petitioner t hrough registered post/speed post, as

would be required under t he ter ms of tender. A copy
of instr uctions to bidders and conditions is annexed
hereto and marked as ANNEXURE C. It is provided
t hat any bids received by t he respondent after t he
deadline of t he submission as prescr ibed will be

rejected and retur ned unopened to t he respective

bidders. That on 18.4.2015 t he technical bid was
opened

fi rst

and

t he

pr ice

proposals

of

t hose

bidders whose bids had been found substantially

responsive to t he requirement of t he respondent was
opened t hen after.
7.

To car r y out t he constr uction work of Drain Slab

compr ising in four par ts, t he petitioner has placed
bid of Rs. 1,00,09,118.6/-, t hat would be 27.27%
lower to t he estimated contract value. By a letter of
intent

dated

23/28.4.2015,

t he

petitioner

is

infor med t hat t he bid placed by t he petitioner has

been accepted t herefore, t he petitioner according to
t he conditions of t he tender on receipt of t he letter
shall submit secur ity deposit of Rs. 3,44,051/- by
fur nishing

Fix

Deposit

Receipt

and

also

submit

stamp papers of Rs. 29,250/- for execution of t he

agreement.
8.

The petitioner in pursuance to t he aforesaid letter

has fur nished fi x deposit of Rs. 3,44,051/- being
cash cer tifi cate no. 0776887 dated 29.4.2015 drawn
from The Mehsana Urban Co-operaative Bank Ltd.,
Mehsana, in favour of Chief Offi cer Nagar Palika,
Idar. A copy of cash cer tifi cate is annexed hereto

and marked as ANNEXURE D. It is per tinent, t hat

t he petitioner has also submitted stamp papers of
Rs. 29,250/- for execution of t he agreement on
29.4.2015. As per t he tender ter ms, upon fur nishing
per for mance secur ity by t he successful bidder, t he
respondent
A g reement

would

send

provided

in

t he
t he

For m

of

bidding

Contract

documents,

incor porating all agreements between t he par ties.

9.

Though t he secur ity deposit and stamp papers of

required amount were submitted to t he respondent,
t he

petitioner

has

not

received

any

Contract

A g reement for execution. Therefore, t he petitioner

has

made

repeated

request

personally

to

t he

respondent aut hor ity to execute t he agreement for

t he constr uction work of Drain Slab. The petitioner
has also addressed a letter t hrough speed post and
registered post to t he respondent requesting to issue
work order, a copy of which is annexed hereto and
marked

as

ANNEXURE

E.

However,

to

such

representations and request, t here is no response.

10.

Sur pr isingly, instead of issuing work order to t he

petitioner and to execute t he contract agreement,
t he

respondent

newspaper

dated

has

published

10.5.2015

notice

re-inviting

in

t he

online

tenders

for

constr uction

work

of

slab

drains

compr ising in four diff erent par ts. The last date and
time

for

submitting

online

bids

were

made

16.5.2015 by 18.00 Hours. The bidders were also

required to submit t he tender fees, ear nest money /
secur ity

deposit

and

ot her

requisite

documents

t hrough registered post and t he last date would

made 19.5.2015. It is submitted t hat t he opening of
pr ice bid made on 20.5.2015.
11.

It is submitted t hat t he petitioner stood as t he

successful bidder for t he contract of constr ucting
Drain Slab and t he same has been accepted and
letter of intent/letter of acceptance was issued in
favour

of

t he

petitioner

by

respondent

on

23/28.4.2015. It is submitted t hat in pursuance to

t he letter of intent t he petitioner on 29.4.2015 has
fur nished Fix Deposit of t he required amount and
also submitted stamp papers of t he required amount
for execution of agreement.
12.

It

is

submitted

t hat

t he

petitioner

has

made

repeated request and addressed letter requesting t he

respondent to issue work order and to execute t he
agreement, as per t he contractual ter ms and letter
of intent. It is submitted t hat instead of executing

t he agreement, t he respondent has issued notice on

dated

10.5.2015

re-inviting

online

tender

for

constr uction work of Slab Drains.

13.

It is submitted t hat by vir tue of letter of intent

dated 23/28.4.2015 t he respondent has accepted
t he bid placed by t he petitioner for constr uction
work

and

towards
required

petitioner

secur ity

has

and

amount

for

fur nished

submitted

fi x

stamp

execution

of

deposits
paper

of

contract

agreement. It is submitted t hat if such a letter is

issued to t he petitioner, t hough it may be ter med as
a letter of intent, it may amount to acceptance of
t he off er resulting in a concluded contract between
t he par ties. Therefore, t here is no reason for t he
respondent for re-inviting online tender for t he same
constr uction contract as already awarded to t he
present petitioner.
14.

It is submitted t hat t he respondent has neit her

infor med about re-inviting online tender nor has
canceled t he concluded contract. It is submitted
t hat t he concluded contract between t he par ties are
in

existence,

t he

subsequent

action

of

t he

respondent aut hor ities, interalia, published notice

in

newspaper

re-inviting

online

tender

for

constr uction of slab drains is wit hout any reason is

absolutely

illegal,

unjustifi ed,

arbitrar y

and

contrar y to t he ter ms of t he contract.

15.

It is submit ted t hat in t he present case t he impugned

action is not only arbit rar y and unju stifi ed but is wholly
wit hout any aut hor ity of law and hence, t he petitioners
are constrained to prefer t he present petition.

16.

It is per tinent t hat wit hout prejudice to t he r ights and

contentions, t he petitioner has pa r ticipate and place
online bid on 16.5.2015, in pursuance to t he notice
published in n ewspaper dated

re-inviting

10.5.2015

online tender for constr uction of slab drains by t he

respondent.
17.

It

is

submit ted

t hat

consider ing

t he

facts

and

circumst ances of t he case if t he relief as prayed for in

t he present petition is not granted, t hen t he petitioners
will suff er ir repa rable har m and inju r y. It is submitted
t hat

if

t he

relief

prayed

for

is

granted,

t hen

t he

respondents are not going to suff er any har m or injur y.

18.

The petitioners crave leave of t his Hon'ble Cour t to add,

amend,

alter,

var y,

g rounds/aver ments

rescind
made

or

above,

modify
in

t he

any

of

in terest

t he
of

ju stice.
19.

The petitioners submit t hat all t he annexure to t his

petition a re t he tr ue copies of t heir respective or iginal

documents,

to

which

t hey

are

pur por ted

to

be

t he

copies.
20.

The petitioners st a te and submit t hat petitioners have

no

ot her equally

effi cacious, alter native

and

speedy

remedy, save and except by way of t his petition and t he

reliefs g ranted by t his Hon'ble Cou r t will be complete in
its nature.
21.

The petitioners st a te and submit t hat petitioners have

not fi led any ot her petition in any ot her Cour t of law
including t his Hon'ble Cour t and Hon'ble t he Supreme
Cour t of India, wit h respect to t he subject matter of t his
petition.

22.

The

petitioner,

t herefore,

humbly

prays

to

t his

Honble Cour t t hat:

a. The Honble Cour t may be pleased to issue wr it
of Mandamus and / or any ot her appropr iate
wr it,

order

respondent

or
to

direction
issue

work

directing

t he

order

t he

to

petitioner and execute agreement, as per t he

letter of intent dated 23/28.4.2015 and fur t her
be pleased to quash and set aside t he notice
published in newspaper dated 10.5.2015 reinviting online tenders for constr uction of slab
drains;

b. Pending

hear ing

and

fi nal

disposal

of

t he

petition, Your Lordships be pleased to st ay t he

fur t her

implementation,

operation

and

execution of t he notice published in newspaper

dated 10.5.2015 re-inviting online tenders for
constr uction of slab drains and fur t her be
please to direct respondent to issue work order
to t he petitioner and execute agreement, as per
t he letter of intent dated 23/28.4.2015;
c. To

pass

such

ot her

and

fur t her

order/s

necessar y in t he interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS

IN DUT Y BOUND SHALL EVER PRAY.

Place: Ahmedabad
Date :

(Dipen A Sankhesara)

.5.2015

Advocate for t he Petitioner

A F F I D A V I T

I,
about

________________________________________,
_____

years,

residing

at______________,

A ged
t he

petitioner herein, do hereby solemnly affi r m and state on

oat h as under:

1.

I have gone t hrough t he contents of memo of

t he above application. I have understood t he same.

2.

I state t hat what is stated in paragraph nos.1 ___ to

____ is tr ue to my knowledge and I believe t he same to be

tr ue. Paragraph No.___ contains prayer clause.
3.

The annexures annexed to t his application are tr ue

copies of t he or iginal of which t hey pur por t to be copies.

4.

I state t hat no par t of t his affi davit is false and

not hing has been suppressed from t his Honble Cour t.

Solemnly affi r med at __________ on t his ____ day of May,

2015.

_________________
D e p o n e n t
Identifi ed by me
& Explained me in Gujarati