V.M.SAHAI, R.P.DHOLARIA
Selsites – Appellant
Versus
State of Gujarat – Respondent
R.P. Dholaria, J.
1. Since the issues involved are similar in the captioned writ petitions, they are disposed of by this common judgment and Special Civil Application No. 3513 of 2015 is treated to be the lead writ petition.
2. The basic issue involved in these writ petitions is, whether any deviation from tender conditions is permissible after floating the tender and after issuing work order, without giving opportunity to all interested persons.
3. The circumstances which have given rise to the filing of these writ petitions in a nutshell are as under:-
3.1 The petitioners are in the business of outdoor advertising in the city of Ahmedabad, since last many years. The respondent No. 3, Ahmedabad Municipal Transport Service floated tender notice bearing No. 12/13 x 14 for putting up advertising boards and/or hoardings of 4 ft. (15 x 4 ft dimension) over bus shelters for a period from 1.4.2014 to 31.3.2017 along with several specifications and other conditions. Respondent No. 4 was the highest bidder and after negotiations, they agreed to raise the offer to Rs. 2,85,00,000/- per annum and ultimately work order was issued to respondent No. 4 on 4.3.2014.
3.2 It is the say of respon
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