V.D. Gyani, J. -- 1. The petitioner is a company duly incorporated and registered as such under the Indian Companies Act, 1956. It is averred that it was specifically constituted and incorporated for the sole purpose of setting up an amusement park, at Indore in pursuance to the declared policy and resolution of the Indore Development Authority, the respondent No.2 (for short 'the I.D.A.') a statutory body established under sec. 38 of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short the Adhiniyam).

2. By this petition under Art. 226 of the Constitution the petitioner prays for a direction against the respondent No.2 to accept the petitioner's tender as being the only successful tenderer, admittedly fulfilling all conditions from amongst others, who had submitted their tenders for development of a children's amusement Centre in a sprawling area of about seven acres, in 'Meghdoot-Upvan' Indore, in response to a notice (Ann. 2) dated 23.12.91 published in local press on 26.12.91 This notice with other terms and conditions is filed as Ann. 3.

3. In view of the admitted position by the I.D.A. that the petitioner was the only tenderer who fully satisfied all the conditions