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Judgment
Jayant Patel, J.—We have heard both the sides for final disposal.
The Petitioner by this petition has challenged the action on the part of Respondent No. 4 Gram Panchayat for issuing tender vide advertisement dated 16.09.2010, whereby the offers were invited of the parties for excavation of the soil over the area which is marked for lake.
After the matter was argued for sometime by both the sides, the learned advocate appearing for both the sides are in agreement on the following aspects:
The work for inviting of the tender and finalisation thereof may be assigned to the officer not below the rank of Deputy DDO who may be marked by DDO for such purpose instead of Respondent No. 4 Gram Panchayat.
The terms and conditions of the tender/offer may be finalised by the said officer, but he shall not include the condition of surety who is residing in a particular area, but the said officer may be at the liberty to substitute the condition by providing deposit or security or bank guarantee, etc. without restricting the residence of the persons concerned.
The upset price may be Rs. 351/- per truck plus royalty to be paid to the Government.
It may be kept open for the Officer to undertake the process of negotiation inter se amongst first four highest offerers so as to realise the maximum value of the contract.
The aforesaid process may be completed on or before 28.02.2011.
We may record that there are basic infirmities in certain conditions of the contract and also in fixation of upset price if the earlier litigation is taken into consideration and orders passed by this Court are considered. Therefore, the aforesaid agreement as declared before us appears to be reasonable and if such is allowed to be implemented, the same would be in larger interest of the revenue of the Gram Panchayat, that too under the supervision of the higher officer of the rank of Dy. D.D.O.
Hence, the following order:
The work for inviting of the tender and finalisation thereof shall be assigned to the officer not below the rank of Deputy DDO who shall be marked by DDO for such purpose instead of Respondent No. 4 Gram Panchayat.
The terms and conditions of the tender/offer shall be finalised by the said officer, but he shall not include the condition of surety who is residing in a particular area, but the said officer would be at the liberty to substitute the condition by providing deposit or security or bank guarantee, etc. without restricting the residence of the persons concerned.
The upset price shall be Rs. 351/- per truck plus royalty to be paid to the Government.
It will be open for the Officer to undertake the process of negotiation inter se amongst first four highest offerer so as to realise the maximum value of the contract.
The aforesaid process shall be completed on or before 28.02.2011.
In view of the aforesaid, the present advertisement for inviting offer as well as tender documents submitted would not survive and the process shall be undertaken afresh as directed hereinabove.
It will be open to the Gram Panchayat to return the deposit of the offerer, if any with it pursuant to the present order.
The petition is disposed of in terms of the aforesaid direction. Rule is made absolute accordingly. No order as to costs. D.S. to D.D.O.