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2024 Supreme(Guj) 1142

UMESH A. TRIVEDI, RAJENDRA M. SAREEN
Vaishwi Infrastructure Private Limited – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr Yatin Oza, Senior Advocate with Mr Masoom K Shah
For the Respondent: Mr Ashutosh Dave, Assistant Government Pleader, Mr H S Munshaw

JUDGMENT :

Umesh A. Trivedi, J.

1. This petition is filed under Article 226 of the Constitution of India praying for following reliefs:

    (A) Your Lordships may be pleased to issue a writ of mandamus /or a writ of appropriate nature quashing and setting aside Clause 9, 10 and 13 of the tender dated 06.01.2021, challenging the letter of intimation of acceptance of bid dated 16.03.2021 to the extent it allots the plot to the petitioner for the purpose of lease instead of sale and direct respondent no.2 to issue fresh letter of intimation to the petitioner for acceptance of bid for sale of subject plot and declare the action of respondent no.2 for forfeiting the Earnest Money Deposit of petitioner to be illegal;

(B) Your Lordships may be pleased to issue a writ of mandamus /or writ of appropriate nature directing respondent no.2 to grant time up to 31.12.2022 to the petitioner to pay the remaining balance bid amount under the tender (Annexure-A);

(C) During the pendency, hearing and final disposal of the present petition, Your Lordships may be pleased to restrain respondent no.2 from issuing another tender for auction /sale /lease of Final Plot No.127 situated at Kudasan TPS No.6 (Kudasan –

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