( 1 ) THE petitioner challenges the resolution bearing no. 566 dated 19/10/1995 of the Standing Committee of the Surat Municipal corporation, approving the contract for construction of 120 M. L. D. capacity Water treatment Plant at Katargam, in favour of the respondent No. 2 by accepting its tender. According to the petitioner its tender was lower than the respondent No. 2 being for an amount of Rs. 8. 75 crores as against the amount of Rs. 8. 89 crores. The acceptance of the tender of the respondent No. 2 by the Standing Committee is, according to the petitioner, without jurisdiction and arbitrary. It is the petitioners case that its tender was recommended for acceptance by the Municipal Commissioner and for no valid reasons, the approval has been refused by the Standing Committee. According to the respondent- Corporation, all the pros and cons of the matter were considered and for the reasons stated in the resolution, the Standing Committee had accepted the tender of the respondent No. 2.

( 2 ) TENDER notice was issued on 26/05/1995 by the Municipal Corporation inviting sealed tenders for construction of raw Water Treatment Plant at Katargam. These tenders we