JUDGMENT - GAVAI B.R., J.: - Rule. Rule made returnable forthwith.

Heard finally by consent of parties.

2. The decision of the respondent No. 1 State Government rejecting the tender of the petitioner for the transportation of foodgrains and other goods, within the district of Akola, communicated by respondent No. 3 Additional Collector, Akola, vide communication dated 18-12-2003 and the subsequent award of the contract in favour of respondent No. 5 are the subject-matter of challenge in the present petition.

3. The facts in brief out of which the present petition arises are as under:-

The respondent No. 3, Additional Collector, Akola vide tender notice dated 26-8-2003, invited tenders for awarding contract for inter district and intra-district transportation of foodgrains, in Akola District, under the public distribution system, implemented by the respondent No. 1, for the period from 1-9-2003 to 31-5-2006. In response to the aforesaid tender notice, bids of four duly qualified bidders were opened. The rates quoted by these four bidders are as under:--

i) Atlas Transport Company (petitioner) : 14% below the base rate.

ii) Krishna Kumar Gokulchand : 250% above the base rate.

iii) Shamsh

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