Point of Law - Once State decides to grant any right or privilege to others, then there is no escape from rigour of Article 14.

ORDER :

This writ petition has been filed by the petitioner with the following prayer:-

“A) The impugned order dated 22.01.2020[Annex.4] passed by the Respondents rejecting the bid offered by the petitioner, may kindly be quashed and setaside.

B) The respondents may kindly be directed to make allotment of industrial plot bearing no. H2-287, Industrial Area, Phase-IV, Balotra in favour of the petitioner at the rate to which the petitioner has submitted his bid to the tune of Rs. 3010/- per sqm;

C) Any other appropriate order or direction which this Hon’ble Court deems fit and proper may kindly be passed in the favour of the petitioner.

D) Cost of the writ petition may kindly be awarded in favour of the petitioner.”

2. Brief facts of the case are that the respondents, to be referred as RIICO, issued E-Auction notice dated 16.11.2019 by which they invited bids for allotment of various categories of plots in the RIICO area through the E-Auction bidding system in the Industrial Area, Balotra. In pursuance of that, for the allotment of the plot, the offer made by the petitioner was above the reserved rate.

3. The auction for allotment of plot in question was held on 12.12.2019. Petitioner participated in the bid process for the allotment of plot No. H2-287 for which the reserved price was Rs. 3,000/-, the petitioner offered Single Bid Price of Rs. 3,010/-. The Unit Level Committee of RIICO recommended for acceptance of single bid offered by the petitioner and sent the matter to the Single Bid Approval Committee headed by the Managing Director of RIICO.

4. The Single Bid Approval Committee headed by the Managing Director of RIICO considered the case of the petitioner and rejected the same, the reasons for rejection is briefed as under:-

“Rejected- The committee observed that the multiple bids received for other plots in same auction are higher than the single bids received for these plots. Looking to increase in demand of plots in this area, the committee decided to reject the single bids.”

5. The petitioner was informed about the rejection of his bid vide order dated 22.01.2020. Hence, this writ petition has been filed by the petitioner challenging the order of rejection passed by the RIICO.

6. Learned counsel for the petitioner submitted that in the earlier E-Auction proceedings, held just two months back, the RIICO has accepted the single bid. Counsel further submits that the plot in dispute is situated in front of the dumping yard, therefore the rate has been mentioned just above the reserved price by the petitioner and no other bidder has participated in the said E-Auction proceedings for this plot. Counsel further submitted that the High Level Committee has not given any justifiable reason for rejecting the offer made by the petitioner. Counsel further submitted that rejection of bid by the RIICO is in violation of Principles of natural justice.

7. Learned counsel in support of his contentions relied upon the judgment passed by Hon’ble Supreme Court in the matter of Meerut Development Authority and Ors. Vs. Associated of Management Studies and Ors. wherein para no. 17, 18, 23 and 25, it has been held as under:-

“17. A tender is an offer. It is something which invites and is communicated to notify acceptance. Broadly stated it must be unconditional; must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor made to suit the convenience of any particular person with a view to eliminate all others from participating in the biding process.

The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered