Vishwas Raosaheb Bhosale v. The State Of Maharashtra, Through Principal Secretary And ORS

ash wp-6641.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6641 OF 2014 Vishwas Raosaheb Bhosale.

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Petitioner Vs The State of Maharashtra and Others.

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Respondents - Shri Sandeep S. Jinsiwale for the Petitioner. Shri V.P. Malvankar, AGP for the Respondents. -- CORAM :

A.S. OKA & C.V. BHADANG, JJ DATED :

23RD FEBRUARY 2016 P.C.

1.

The prayer clauses (a) and (b) which are the only substantive prayers read thus:

"(a) That the Respondent nos.1 and 4 be directed to direct all the District Sports Officers and Chief Executive Officers of the Zilla Parishad to intimate the C.S.P.O units as per the G.Rs. about the tenders.

(b) that the respondents be directed to assess the loss suffered to the Petitioner by the concerned district collectors and accordingly to pay to the Petitioner towards compensation a 25% amount of every order which denied him unjustifiably and illegally."

2.

The Petitioner is relying upon various Government Resolutions which deal with the purchase of articles by the State Government. The Petitioner claims to be affiliated to Central Stores

ash wp-6641.14 Purchase Organization. As far as the prayer Clause (a) is concerned, we do not see any right existing in favour of the Petitioner to seek such a direction. Secondly, we have a serious doubt about the legality and validity of the Government Resolutions on which the Petitioner is seeking to rely upon. Such Government Resolutions must stand to test of Article 14 of the Constitution of India.

3.

As far as the prayer clause (b) is concerned, the remedy of the Petitioner is to file a suit.

4.

Subject to what is observed above, the Petition is not entertained and the same is disposed of.

(C.V. BHADANG, J) ( A.S. OKA, J )