Joymalya Bagchi, J. - (1.) THE appellants are aggrieved by the judgment and order dated 2nd July, 2013 whereby the learned Single Judge refused to adjudicate on the validity of the eligibility criteria, namely Clause (i) therein, in the tender documents pertaining to notice dated 10th May, 2013 on the ground that the appellants were disqualified for non -submission of latest income tax returns as contained in Clause (j) of the tender notice. The appellants had, inter alia, challenged Clause (i) of the tender notice which reads as follows: (i) A declaration in the form of Affidavit in a non judicial stamp paper should be submitted stating clearly that the applicant is not barred/delisted/blacklisted by any Govt. Deptt./Govt. undertaking/Statutory Body/Municipality and of the like Govt. Bodies in DI Pipe -supply tender during last five years and if any such incident is found at any point of time, the tender will be cancel summarily without assigning any reason what so ever.
(2.) AT the interim stage, the learned Single Judge by order dated 17th June, 2013 directed commercial bids to be open by KMDA. Such order was modified by the appellate Court and the learned Single Judge was directed to hear and dispose of the writ petition on merits. The case made out by the appellants was that there has been spate of litigation by and between the parties as the respondent authorities are resorting to various subterfuges in order to keep out the appellants from participating in the tender. In respect of the present bid, the appellants had disqualified for non -submission of the latest income tax returns as required in terms of Clause (j) of the tender notice apart from failing to qualify in terms of Clause (i) as quoted above. It was further contended that Clause (i) in the tender documents was arbitrarily incorporated with the oblique motive of keeping out the appellants from the bidding process.
(3.) CLAUSE (j) of the tender notice reads as follows: (j) Valid PAN No., VAT No., Copy of acknowledgement of latest Income Tax Return and Professional Tax Return.;