Ashutosh Traders, Thr. ... vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 6381 Bom

                                                                                                        939wp 3726.2022.odt
                                                                1

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR

                                WRIT PETITION (WP) NO. 3726/2022
                                                     Ashutosh Traders
                                                             ..VS..
                                         The State of Maharashtra and ors.
-----------------------------------------------------------------------------------------------------------------------------------

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri Shashank Manohar with Shri A.A. Naik, Advocates for the petitioner Shri D.P. Thakare, AGP for respondent nos. 1 and 2

CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, J.J. DATED : 06/07/2022

Pursuant to the Tender Notice dated 18.03.2021 the bid of the petitioner was found to be valid by the communication dated 30.12.2021. Some unsuccessful bidders had approached this Court in Writ Petition No. 4876/2021 (Gayatri Mahila Bhachat Gat Vs. State of Maharashtra and ors.) and other connected writ petitions. An interim order was passed on 10.01.2022 by which no work order was to be issued. These writ petitions were ultimately dismissed on 04.05.2022 after noting the purpose of issuing the tender which was supply of mid-day meal in various schools in Vidarbha. It is submitted by the learned Counsel for the petitioner that this judgment has attained finality and despite that the work order pursuant to the said tender process has not been issued to the petitioner. The representations in this regard have been made on behalf of the petitioner on 10.05.2022 and 22.06.2022. The petitioner apprehends that some adhoc arrangement is likely to be made without completing the earlier process that initiated by issuing the tender notice dated 18.03.2021.

Issue notice to the respondents, returnable in two weeks.

SMGate 939wp 3726.2022.odt

Shri D.P. Thakare, learned Additional Government Pleader waives service of notice for the respondent nos. 1 and 2.

Prima facie, there does not appear to be any legal impediment for the respondent no. 2 to proceed further with the tender notice dated 18.03.2021 in which the petitioner's bid has been found eligible on 30.12.2021.

Considering the aforesaid aspect, until further orders no adhoc arrangements be made to supply the mid-day meal for the year 2021-2022 by ignoring the outcome of auction process in which the petitioner has been found successful. In the meanwhile, the respondent no. 2 shall consider the petitioner's representations dated 10.05.2022 and 22.06.2022.

                                JUDGE                  JUDGE




                   Digitally
                   signed by
                   SANDIP
         SANDIP    MAHADEV
         MAHADEV   GATE
         GATE      Date:
                   2022.07.07
                   10:22:52
                   +0530




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