Ranjitbhai Merambhai Sondarva v. Gujarat State Civil Supplies Corporation Limited
2017-09-01
B.N.KARIA, M.R.SHAH
body2017
DigiLaw.ai
ORDER : M.R. SHAH, J. A grievance which is voiced in the present petition is that though the bids/tenders were invited as far back as in the month of April 2017 and the commercial bids were required to be opened on 14th April 2017, for whatsoever reasons, the commercial bids are yet to be opened till the date. 2. It appears that earlier the contract had come to an end on 31st March 2017. From the file produced by learned AGP Shri Dhawan Jayswal appearing on behalf of the respondent, it appears that the contract was for the period upto 31st March 2018. From the file, it also appears that, in fact, it was suggested earlier that the contract is to come to an end on 31st March 2017 and steps be taken to complete the tender process by 31st March 2017 and the bids be invited in the month of February 2017 so that the tender process could be completed before 31st March 2017. 3. From the file, it appears that as such no steps were taken. Even the tenders were invited for the first time on 28th March 2017. It also appears that as the new tender process was not likely to be completed on or before 31st March 2017, a decision was taken to continue the old contract - the period of which had already expired on 31st March 2017. 4. Thus, it can be safely presumed and assumed that with a view to facilitate existing contractor, whose contract had already expired on 31st March 2017, the delay has taken place. As on today, no valid reason is coming forth as to why even the commercial bids which were required to be opened by 28th March 2017 have not been opened till the date. The resultant effect is that the old contractor has continued. Even otherwise, it is required to be considered that the validity of the contract of which the tenders are invited would be upto 31st March 2018. If now, a new contract is to be awarded in the month September/October 2017, the contract period would hardly be of 4 - 5 months only which will be against the interest of the concerned bidders. All these aspects are required to be explained by the Collector. 5. At the request of learned AGP Shri Dhawan Jayswal, stand over to 6th September 2017.