IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2177 of 2026 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No No ================================================================ POOJA SCRAP TRADERS THROUGH ITS PROPRIETOR BHARATBHAI K.

VAGHARI Versus STATE OF GUJARAT & ORS.

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Appearance:

MS ANKITA D GOSWAMI(11990) for the Petitioner(s) No. 1 MR G.H.VIRK, LD.GP with MS.DHARITRI PANCHOLI, LD.AGP for the Respondent(s) No. 1,2,3 MR. JAIMIN R DAVE(7022) for the Respondent(s) No. 4 MS MANVI A DAMLE(10805) for the Respondent(s) No. 4 ===============================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 06/03/2026

ORAL JUDGMENT

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

1. Heard learned advocate Ms.Ankita D. Goswami for the petitioner, learned Government Pleader Mr.G.H.Virk assisted by learned Assistant Government Pleader Ms.Dharitri Pancholi for the respondent Nos.1 to 3 and learned advocate Mr.Jaimin R. Dave for the respondent No.4.

2. Having regard to the controversy arising in this petition in narrow compass, with the consent of the learned advocates for the parties, the same is taken up for hearing.

3. Rule, returnable forthwith. Learned Assistant Government Pleader Ms.Dharitri Pancholi waives service of notice of rule for and on behalf of the respondent Nos.1 to 3 and learned advocate Mr.Jaimin Dave waives service of notice of rule for and on behalf of the respondent No.4.

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

“B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus quashing and setting aside the impugned order 15.12.2025 (Annex-A) passed by the respondent No.2 herein, holding the same as erroneous, illegal, contrary to Doctrine of substantial compliance and against the settled proposition laid down by the Hon'ble Supreme Court, in the interest of justice;

C) By way of an appropriate writ, order or direction, YOUR LORDSHIPS be further pleased to direct the respondent authorities to award the contract in question in favour of the petitioner, in the larger interest of public and not to enter into any agreement with respondent No.4 herein, in the interest of justice;

D) Pending admission, hearing and/or final disposal of this petition, YOUR LORDSHIPS may be pleased to direct the respondent No.4 herein not to start any work in furtherance with the contract awarded by the respondent authorities with respect to impugned contract, in the interest of justice.”

FACTS:

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

5.1. The petitioner is carrying on the business of construction. The respondent No.2 floated a tender bid for National Competitive Bidding for the work of demolition of various buildings in Gujarat College R&B Sub Division, Ahmedabad (Hostel Blocks A,B,C,D, Chemistry Building and Mess Block in Gujarat College Campus) vide Tender Notice No.SK-12 of 2025– 2026 at an estimated cost of Rs.21,62,067/-. A Bid Document was to be downloaded by the bidders from the n-procure portal between 19:10 hours, on 17th November, 2025 and 18:00 hours on 1st December, 2025 and the validity period for the bid was 120 days.

5.2. The petitioner, having fulfilled the eligibility criteria mentioned at Section-10 of the Tender Document, submitted its bid being interest and willing for the contract on 1st December, 2025 along with Tender Fee of Rs.900/- by quoting the price of Rs.82,00,720.13/- which was 380% over and above the estimated amount fixed by the respondent-Authorities.

5.3. The petitioner along with the submission of the Tender Document also submitted the Security De