Mamanchand Chattersain Jain v. State Of Maharashtra And ORS.

Megha 4_wp_3081_2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3081 OF 2017 Mamanchand s/o SH Chattersain Jain

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

.....

Mr. Chetan Patil for the Petitioner.

Mr. A.I. Patel, AGP for the Respondent -State. Mr. M.M. Vashi, Senior Advocate with Ms Aparna Devkar I/b. M/s. M.P. Vashi and Associates for the Respondent No.3. Megha Shridhar Parab by Megha Shridhar Parab Date: 2018.07.20 14:19:07 +0530 CORAM : RANJIT MORE AND SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 18th JULY, 2018.

P.C.:- The Petitioner by this petition has challenged the order of award of tender in favour of the Respondent No.3. He is also seeking directions to the Respondent Nos.1 and 2 to award the tender in his favour.

2.

So far as award of tender in favour of the Respondent No.3 is concerned, Dr. Smita Shrikrishna Jinturkar, Senior Administrative Officer, in the office of Regional Joint Commissioner of Animal Husbandry, Mumbai Region has filed an affidavit dated 11th July, Megha

Megha 4_wp_3081_2017.doc 2018. In paragraph 19 of the said affidavit she has made averments that action is taken against the Respondent No.3 and that he has been debarred from participating in tender process from the said department for one year. In view of the said statement, prayer clause (A) is worked out.

3.

The relief claimed in prayer clause (B) viz. direction to the Respondent Nos.1 and 2 to award contract to the Petitioner is concerned, same cannot be granted under Article 226 of the Constitution of India.

4.

The Petition is accordingly disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Megha