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SCA/4260/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4260 of 2010
======================================
ELEKTRONIK
LAB & ANOTHER
Versus
STATE
OF GUJARAT
THROUGH
OFFICE OF COMMISSIONER
======================================
Appearance :
Mr
Mitul K Shelat for the petitioners
Mr Maulik Shelat, Assistant
Government Pleader for the
Respondents
======================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 09/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
The
case of the petitioners is that tender for Fish Finders with GPS
System was given thrice and in the third attempt the petitioner is
qualified though on earlier occasions once the system of the
petitioner did not qualify and once he did not participate. The
grievance of the petitioners is that in the third time the machine
meets the specifications but a complaint was received and accordingly
two members of the Board re-examined and the machine is wanting in
one segment. According to him, this enquiry was motivated enquiry
to favour a particular dealer who had participated in the first
bidding and in the second round there were certain allegations
against him and enquiry was conducted against him and he did not
participate in the third bidding. From the narration of facts it
appears that this is not a case in which this Court should interfere.
The
goods of the petitioner is not such an essential item. That item is
already in the market and the Government is providing subsidy to the
same. Even if the present bidding is not culminated into a
contract and the Government does not award contract to the
petitioner, still, his product is always available in the market to
be purchased at a subsidised price.
In
that view of the matter, it is not a stage where this Court can
intervene. In that view of the matter, the present petition is
held meritless and the same is dismissed.
(Bhagwati
Prasad, J.)
(J.C.Upadhyaya,
J.)
*mohd
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