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2020 Supreme(Guj) 168

HARSHA DEVANI, SANGEETA K.VISHEN
Nish Techno Projects Private Limited – Appellant
Versus
Surat Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. RS Sanjanwala, Senior Advocate, Singhi And Co (2725)
For the Respondent:Mr. Prashant Desai, Senior Advocate With Mr Kaushal D Pandya (2905) Mr. SN Soparkar, Senior Advocate With Mr. Mrugen K Purohit (1224)

JUDGMENT :

HARSHA DEVANI, J.

1. By this petition under Article 226 of the Constitution of India, the petitioners seek following substantive reliefs:

    “10. (a) that this Hon'ble Court be pleased to issue a Writ of Certiorari or an order/direction in the nature of certiorari or any other appropriate writ for quashing and setting aside the impugned decision/action of the Respondent No. 1 of inviting the 2nd Tender vide Tender Notice No. CE/HYD/01/2019-2020 dated 27th May, 2019 with amended qualification criteria in place of the Original Tender Notice dated 7th February, 2019; and

(b) that this Hon'ble Court be pleased to issue a writ of Mandamus or an order/direction in the nature of mandamus or any other appropriate writ directing the Respondent No. 1 to process and finalize the bids received pursuant to Original Tender Notice dated 7th February 2019;

or in the alternative

(b-1) this Hon'ble Court without prejudice to the prayers 9(a) and 9(b) herein above, be pleased to declare that the qualifying criteria of the 2nd Tender Notice No. CE/HYD/01/2019-2020 dated 27th May, 2019 in so far as it excludes the experience under a sub-contract is illegal, arbitrary, unreasonable and violative of Ar

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