ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner – Bank has prayed for the following reliefs :-

“12(a) This Hon’ble Court may be pleased to issue a writ of mandamus and/or any other writ, order or direction in the nature of mandamus thereby directing the respondent no. 2 to declare the respondent no. 4 and 5 as the new Concessionaire by granting the Letter of intent and by entering into the concession agreement.

(b) Issue interim and ad-interim relief restraining respondent no. 2 from appointing any other Concessionaire without involving petitioner herein in the process of selection and appointment;

(c) Any other appropriate relief as this Hon’ble Court deems fit in the interest of justice equity and good conscience may be granted considering the facts and circumstances of the present case.”

2. The case of the petitioner is that the department of Ports and Fisheries, Government of Gujarat, announced a Build, Own, Operate, Transfer (“BOOT”) Policy for private sector participation in the development of ports in the state vide its Government Resolution dated 29.07.1997 and according to this BOOT Policy, the Gujarat Maritime Board i.e. respon