Zilla Parishad Through Chief ... vs Maharashtra Engineers ...
2021 Latest Caselaw 15207 Bom

                                         (1)                              915-ra-79-2021



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD
           REVIEW APPLICATION (CIVIL) NO.79 OF 2021
                       IN WP/11018/2019

 ZILLA PARISHAD THROUGH CHIEF EXECUTIVE OFFICER AND
 OTHERS                              ..APPLICANTS

                  VERSUS

 MAHARASHTRA ENGINEERS ASSOCIATION THROUGH ITS
 GENERAL SECRETARY AND OTHERS        ..RESPONDENTS
                        ...
 Mr. Shivaji T. Shelke, Advocate for the Applicants.
 Mr. K. N. Lokhande, AGP for Respondents-State.
 Mr. D. P. Palodkar, Advocate for Respondent No.1.
                                            ...

                                  CORAM : S. V. GANGAPURWALA &
                                          R. N. LADDHA, JJ.

DATED : 22nd OCTOBER, 2021.

PER COURT:-

1. The present civil application is filed for review of the order dated 20.09.2021 on the ground that at the time of passing of the order, the Government Resolution dated 27.05.2021 could not be pointed out wherein E-tender auction is mandatory for an amount more than Rs.Ten Lakhs and not below it.

2. This Court in judgment under review observed that, the E-tender process is required to be adhered to, if the amount involved is more than Rs. Three Lakhs.

 3.               The          learned         counsel    for      the       applicant
 submits           that,         the     Government          Resolution              dated



                                        (2)                               915-ra-79-2021

27.05.2021 could not be pointed out at the time of hearing the writ petition.

4. Mr. Palodkar, learned counsel for non- applicant submits that, the said Government Resolution would be in conflict with the order of this Court in Public Interest Litigation No.116/2016 decided on January 24, 2018.

5. It appears that, the Government Resolution dated 27.05.2021 was not brought to the notice of the Court by either of the parties and in absence thereof the said order was passed relying on the earlier Government Resolution dated 27.03.2015.

6. The Government Resolution dated 27.05.2021 would be also relevant for adjudicating the writ petition.

7. In light of that, the order dated 20.09.2021 in Writ Petition No.11018/2019 is recalled and Writ Petition No.11018/2019 is restored to its original position.

8. The Review Application accordingly allowed.

9. Place the Writ Petition on 09.12.2021.

   (R. N. LADDHA)                                 (S. V. GANGAPURWALA)
          JUDGE                                           JUDGE
 Devendra/October-2021