( 1 ) PER COURT :- Since all these petitions raise a common question, all these petitions are being decided by this common order. These petitions have been filed by the petitioners questioning the terms of the notice inviting tender, dated 22-1-2007 and in particular clause 3 and clause 6. In order to appreciate the submissions which are advanced by the learned Counsel appearing on behalf of the respective parties, it would be useful to reproduce clause No. 3 and 6 of the aforesaid tender notice :

"3. Earnest Money : Unless the earnest money of Rs. 2,18,00,000/- (Rupees Two Crore Eighteen Lakhs only) through pay order or DD of nationalized Bank or Scheduled Bank in favour of Aurangabad municipal Corporation is paid, the tender form will not be issued.

"6. ELIGIBILITY : The bidder/s shall have experience of minimum one year of collection of octroi of 50 per cent of amount of the estimated offer of realization, and the bidders shall have executed the tender for one full year. The certificate to this effect should have been issued by the municipal Commissioner or the competent authority".

( 2 ) AT this juncture we may point out that a similar challenge had been raised earlier before us

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