Case Note & Summary
The petitioner, Sun Outdoors through Pritish Nanubhai Shah, filed a Special Civil Application before the Gujarat High Court challenging eligibility criteria Nos.1, 4, 7, and 10 of e-tender notice No.228/2024-2025 issued by the Vadodara Municipal Corporation for displaying advertisements on 33 LED roadside displays in Vadodara City. During the pendency of the writ petition, the Corporation filed an Additional Affidavit dated 22.2.2026 stating that it had decided to conduct a fresh tender with the minimum upset value set at the petitioner's offer of Rs.2.61 Crore. In view of this development, the Court held that the prayer regarding the original tender no longer survived for consideration and disposed of the petition as infructuous. The Court also recorded the Corporation's undertaking to refund the money deposited by the petitioner and the respondents pursuant to the tender and court orders. Liberty was granted to the petitioner and respondents to challenge the fresh tender if issued. The pending Civil Application was also disposed of.
Headnote
A) Tender Law - Challenge to Eligibility Criteria - Infructuous Petition - When the respondent Corporation decides to issue a fresh tender, the challenge to the original tender becomes infructuous and the petition is disposed of as such - The Court held that the prayer does not survive for consideration (Paras 2-3).
Issue of Consideration
Whether the petition challenging eligibility criteria of a tender survives when the respondent Corporation decides to issue a fresh tender.
Final Decision
The petition is disposed of as having rendered infructuous. The Corporation's undertaking to refund deposits is recorded. Liberty to challenge fresh tender. Pending Civil Application also disposed of.
Law Points
- Writ petition becomes infructuous when the subject matter of challenge ceases to exist due to the respondent's decision to issue a fresh tender
- Court may dispose of the petition as infructuous with liberty to challenge the fresh tender
Case Details
2026 LawText (GUJ) (03) 857
R/Special Civil Application No. 11007 of 2024 with Civil Application (For Stay) No. 1 of 2024
N.S.Sanjay Gowda, J. L. Odedra
Mr. Dipan Desai for Petitioner, Mr. Amit M Panchal with Mr. Angesh A Panchal for Respondent No.1, Mr. A.B. Munshi for Respondent No.3, Mr. Devang Vyas, Senior Counsel with Mr. Jash S Thakkar for Respondent No.2
Sun Outdoors through Pritish Nanubhai Shah
Vadodara Municipal Corporation & Ors.
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Nature of Litigation
Writ petition challenging eligibility criteria of an e-tender notice for displaying advertisements on LED displays.
Remedy Sought
Challenge to eligibility criteria Nos.1, 4, 7, and 10 of e-tender notice No.228/2024-2025.
Filing Reason
The petitioner found the eligibility criteria arbitrary and sought their quashing.
Previous Decisions
During pendency, the Corporation decided to issue a fresh tender with minimum upset value at petitioner's offer of Rs.2.61 Crore.
Issues
Whether the petition challenging the eligibility criteria of the tender survives when the Corporation decides to issue a fresh tender.
Submissions/Arguments
Petitioner challenged eligibility criteria as arbitrary.
Corporation filed affidavit stating it will issue a fresh tender with upset value at petitioner's offer.
Ratio Decidendi
When the subject matter of a writ petition ceases to exist due to the respondent's decision to issue a fresh tender, the petition becomes infructuous and is liable to be disposed of as such, with liberty to challenge the fresh tender.
Judgment Excerpts
In view of the fact that the respondent Corporation proposes to issue a fresh tender, the prayer of the petitioner with respect to the very tender which is under challenge in this writ petition does not survive for consideration.
It is undertaken by the respondent Corporation that the money deposited by the petitioner as well as the respondents pursuant to the tender in question and the orders passed by this Court would be refunded.
Procedural History
Petitioner filed Special Civil Application No. 11007 of 2024 challenging eligibility criteria of e-tender notice. During pendency, Corporation filed Additional Affidavit on 22.2.2026 stating decision to issue fresh tender. Court disposed of petition as infructuous on 17.3.2026.
