ORDER :

1. By this writ application under Article 226 of the Constitution of India, writ applicant - a “AA” Class Government registered Civil Contractor has prayed for the following reliefs:

17(a) be pleased to admit present petition.

(b) be pleased to issue appropriate writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the action of the respondent by not qualifying the petitioner for the Designing, Providing, Lowering, Laying, Jointing, Testing and Commissioning of Sewerage network with pump house and all electromechanical works etc. at Khapat and Dharampur (Shrijinagar) area alongwith Two (2) years operation and maintenance at Porbandar Chhaya Joint Municipality by Tender Notice No. PBR/NP/UGD/KHAPAT/20-21/R01.

(c) be pleased to issue appropriate writ of mandamus or any other appropriate writ, order or direction directing the respondent to open the Price-Bid of the petitioner with respect to Designing, Providing, Lowering, Laying, Jointing, Testing and Commissioning of Sewerage network with pump house and all electromechanical works etc. at Khapat and Dharampur (Shrijinagar) area alongwith Two(2) years operation and maintenance at Porbandar Chhaya Joint Municipality by Tender Notice No. PBR/NP/UGD/KHAPAT/20-21/R01.

(d) pending the admission and final hearing of the present petition, be pleased to by way of interim relief restrain the respondent and their men, agents, servants and subordinates from awarding the contract to any other tendered for Designing, Providing, Lowering, Laying, Jointing, Testing and Commissioning of Sewerage network with pump house and all electromechanical works etc. at Khapat and Dharampur (Shrijinagar) area alongwith Two(2) years operation and maintenance at Porbandar Chhaya Joint Municipality by Tender Notice No. PBR/NP/UGD/KHAPAT/20-21/R01.

(e) such other and further reliefs as may be deemed fit in view of the facts and circumstances of the case be granted.

2. The facts giving rise to this writ application may be summarized as under:

2.1 The respondent Porbandar-Chhaya Municipality invited online tenders for the Designing, Providing, Lowering, Laying, Jointing, Testing and Commissioning of Sewerage network with pump house and all electromechanical works etc. at the Khapat and Dharampur (Shrijinagar) area alongwith two years operation and maintenance at the Porbandar Chhaya Joint Municipality vide the Tender Notice No. PBR/NP/ UGD/KHAPAT/20-21/R01.

2.2 The bid document downloading commence date was 27.01.2021 from 17:59:56 onwards. The bid document downloading end date was 04.03.2021 at 18:00:00 hours. The EMD, Tender Fee and other documents were required to be submitted physically during the office hours upto 10.03.2021 in the office of the respondent. The preliminary stage of bid opening date was 12.03.2021 from 12:00:00 hours onwards. The bid document fee/bid processing fee was fixed at Rs. 38,050/. The Bid Security/EMD/Proposal Security (INR) was Rs. 38,04,850/-.

2.3 It is the case of the writ applicant that he submitted online tender on 04.03.2021 and forwarded the physical documents by way of registered speed post on 04.03.2021 bearing article No. EG331180813IN alongwith the original Demand Draft of Rs. 38,050/- dated 04.03.2021 towards the Bid Document Fee/Bid Processing Fee as well as the original FDR of Rs. 38,04,850/- dated 04.03.2021 towards the Bid Security/EMD/Proposal Security (INR). The writ applicant herein has annexed the copies of the receipt of speed post dated 04.03.2021 including the copies of the original Demand Draft and original FDR dated 04.03.2021. To this extent, there is no dispute at the end of the respondent.

2.4 Shockingly, after a period of 51 days i.e. by way of letter dated 27.04.2021, Annexure-F, Page 25, the Chief Officer of the Porbandar Chhaya Nagarpalika informed the writ applicant that when the envelope containing the documents was opened, the Demand Draft as well as the original FDR were missing. We are not able to understand