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2011 Supreme(Guj) 55

D.H.WAGHELA, K.A.PUJ
Nikhil Adhesives Limited Thro'dharmeshbhai Dhirajbhai Pandya – Appellant
Versus
Kandla Port Trust – Respondent


Advocates appeared:
Mihir Thakore, Kashyap K. Pujara, Vishal T. Patel, Dhaval D. Vyas

JUDGMENT

K.A. PUJ, J.

1. THE petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the Resolution No.108 dated 22.11.2010 passed by the respondent, Kandla Port Trust. The petitioner has also prayed for stalling the proceedings of fresh tenders in respect of construction of liquid storage tanks issued by the respondent. The petitioner further prayed for the direction to the respondent to issue formal letter of allotment to the petitioner.

2. THE brief facts giving rise to the present petition are that the respondent invited tenders on 12.03.2005 for allotment of 17 plots for construction of liquid storage tanks at Kandla by issuing a public notice. The petitioner submitted its price bid in August 2005 for allotment of Plot No.8 for construction of liquid storage tanks at Kandla. The petitioner was declared the highest bidder for Plot No.8 by the respondent on 12.01.2006 on the basis of the recommendation of the Tender Committee constituted in the matter of tender for allotment of plot for construction of liquid storage tanks at Kandla. Allotment of 17 plots to the respective highest bidder for 30 years lease is subjec























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