HONOURABLE MR.JUSTICE K.A.PUJ)

1. The petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the decision of the respondents to reject the bid submitted by the petitioner. The petitioner has also prayed for the direction to the respondents to consider the bid submitted by the petitioner and to permit the petitioner to participate in the bidding process.

2. This Court has issued notice on 18.01.2011 and observed that any finalization of bid for contract in respect of Package 8 of the Tender in question shall, in the meantime, be subject to the order of this Court. This Court has passed further order on 27.01.2011 granting ad-interim relief to the effect that the respondents shall not finalize the bids for the contract in respect of Package 8 of the tender in question, till the next date of hearing. The said ad-interim relief is extended from time to time.

3. It is the case of the petitioner that as a part of its initiative to develop select State Highways in Gujarat with private sector participation on a Design, Build, Finance, Operate and Transfer Basis (DBFOT Basis) Annuity Basis, the respondents published