IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 801 of 2024 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA ==========================================================

Approved for Reporting Yes No ==========================================================

ISHWAR GRAM VIKAS TRUST Versus STATE OF GUJARAT & ORS.

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Appearance:

MR SHALIN MEHTA SENIOR ADVOCATE WITH MS ADITI S RAOL(8128)

for the Petitioner(s) No. 1 MR GH VIRK GOVERNMENT PLEADER WITH MS DHARITRI PANCHOLI AGP for the Respondent(s) No. 1 MR AD OZA for MR MEET A SHAH(9933) for the Respondent(s) No. 2,3 ========================================================== CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 03/12/2025

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned Senior Advocate Mr.Shalin Mehta appearing with learned advocate Ms.Aditi S. Raol for the petitioner, learned Government Pleader Mr.G.H. Virk appearing with learned Assistant Government Pleader Ms.Dharitri Pancholi for the respondent No.1 and learned advocate Mr.A.D. Oza appearing with learned advocate Mr.Meet A. Shah for the respondent Nos.2 and 3.

2. Issue Rule, returnable forthwith. The learned advocates appearing for the respective respondents, waive service of notice of Rule on behalf of the respondents.

3. Having regard to the controversy raised in this petition which is in narrow compass, with the consent of the learned advocates for the respective parties, the same is taken up for final hearing.

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

“26. (A) Your Lordships may be pleased to issue a writ of certiorari or any other writ, order or direction declaring the inaction on the part of the respondent no. 2 Board in releasing the payment of Rs. 33,00,000 due to the petitioner in respect of work executed by the it as per work order dated 07.05.2018 (Annexure-E) issued by respondent no.

2 as arbitrary and bad in law;

(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to release the payment of Rs. 33,00,000 due to the petitioner in respect of respect of 50 training classes successfully held by the petitioner as per work order dated 07.05.2018 (Annexure-E) issued by respondent no. 2 with interest at the rate of 12% per annum from the date of completion of the work till the date of payment;

(C) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order and direction quashing and setting aside the notice dated 24.08.2023(Annexure-0) issued by the Respondent no. 2 Board;

(D) Pending admission and final hearing of the present petition, Your Lordships may be pleased to restrain the respondent authorities from acting upon the notice dated 24.08.2023 (Annexure-O)

issued by respondent no. 2 Board;

(E) Pending admission and final hearing of the present petition, Your Lordships may be pleased to stay the operation and implementation of the notice dated 24.08.2023 (Annexure-O) issued by respondent no. 2 Board.”

5. The brief facts of the case are as under:-

5.1. The petitioner is a public trust registered under the provisions of the Bombay Public Trust Act, 1950. On 15.05.2017, the respondent No.2 – Gujarat Building and other Construction Workers Welfare Board issued an advertisement inviting the tenders for empanelment of the agencies for imparting safety and health training to its registered construction workers. The petitioner – Trust, being eligible, applied for allotment of the tender. The respondent No.2, considering the past experience of the petitioner for imparting safety and health training to the registered construction workers, informed the petitioner by letter dated 29.07.2017 that its tender had been acc