Mukesh Liladhar Bhanushali v. Union Of India (Through Food Corporation Of India)

22 WP 4065-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4065 OF 2021 Mukesh Liladhar Bhanushali ... Petitioner

Versus

Union of India ...

Respondent .........

Mr. A. G. Damle, senior counsel i/b Shaymrishi Patha for the Petitioner. Mr. Gunjan Kumar Chaubey for the Respondent.

.........

CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, JJ.

DATE :AUGUST 13, 2021.

P.C. :- .

Heard.

2.

By this petition, under Article 226 of the Constitution of India, the Petitioner is challenging order/letter dated 21/01/2021 issued by Respondent to extend contract period for supply of SHS Jute Gunnies to various Depots under Divisional Officer, Panvel. 3.

The learned counsel for the Petitioner submits that in the said order they filed their application dated 01/02/2021 to the Respondent for referring matter to the Grievance Redressal Committee as per clause 23 of the tender documents.

4.

This Court by order dated 12/08/2021 directed the advocate for Respondent to take instructions from the concerned officer within how much time they will decide the Petitioner's application dated 01/02/2021 Laxmi 1 / 2

22 WP 4065-21.odt on its own merits.

5.

The learned counsel for the Respondent submits that he received email dated 12/08/2021 from the Assistant General Manager stating the copy of application made by the Applicant is not available with them. He submits that the Assistant General Manager specifically stated that if the Petitioner made fresh application to that effect, they are ready to decide the same within 7 working days. A copy of the said e-mail is taken on record and marked 'X' for identification.

6.

The learned senior counsel for the Petitioner submits that he has no objection to make a fresh application to the Grievance Redressal Committee for their grievances.

7.

Hence, the following order:

a.

Liberty granted to the Petitioner to file an appropriate application to the Grievance Committee for their grievances on or before 21/08/2021.

b.

If such application is filed by the Petitioner within the time, the Respondent-Grievance Committee is directed to decide the same on its own merits, as early as possible, but in any case, on or before 31/08/2021 and communicate the decision to the Petitioner. c.

The writ petition stands disposed of accordingly. d.

All contentions of the parties are kept open. e.

No order as to costs.

( PRITHVIRAJ K. CHAVAN, J. ) ( K.K. TATED, J. ) Laxmi 2 / 2