Shri Saibaba Sansthan Shirdi Through Its Chief Executive Officer v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.440 OF 2020 IN PUBLIC INTEREST LITIGATION NO.120 OF 2019 Shri Saibaba Sansthan Shirdi, Tq. Rahata, Dist. Ahmednagar ..APPLICANT

VERSUS

The State of Maharashtra & ors.

..RESPONDENTS WITH Civil Application No.441 of 2020 in PIL No.120 of 2019 Civil Application No.446 of 2020 in PIL No.120 of 2019 Civil Application No.442 of 2020 in PIL No.120 of 2019 Mr Avinash Khedkar, Advocate, h/f Mr N. R.Bhavar, Advocate for applicant;

Mr A. B. Girase, Government Pleader for respondent -State; Mr Ajinkya Kale, Advocate for Talekar & Associates for respondent No.7;

Mr P. D. Jarare, Advocate for respondent No.3; Mr A. V. Hon, Advocate for respondent No.5;

Mr V. R. Dhorde, Advocate for respondent Nos.2 & 6 CORAM : PRASANNA B. VARALE AND ANIL S. KILOR, JJ.

DATE : 15th January, 2020 ORAL ORDER:

These applications are filed on behalf of applicant - Shri Saibaba Sansthan, Shirdi, seeking permission from this Court in respect of various objects namely;

(2) 1.

for carrying out E-tender process for appointing a Contractor to supply manpower/staff for carrying the work of Food Packets (Breakfast Packets) in Shri Sai Prasadalaya run by the applicant by spending amount of Rs.1,17,17,217/- for the period from 1st January, 2020 to 31st December, 2020;

2.

for carrying out E-tender process for appointing a Contractor to supply manpower/staff for carrying the work of Swami Narayan Poli (Chapati)/Puri making in Shri Sai Prasadalaya run by the applicant by spending the amount of Rs.55,80,278/- for the period from 1st March, 2020 to 28th February, 2021;

3.

for carrying out E-tender process for appointing a supplier to supply vegetables for the year 2020-2021 by spending the amount of Rs. 2,24,00,000/-; and 4.

for payment of Service Tax to the tune of Rs. 51,82,557/- to the Commissioner, Central Excise, Customs & Service Tax, Nasik-II Commissionerate to avail the benefit of "Sabka Vishwas (Legal Dispute Resolution) Scheme, 2019.

(3) 2.

In these applications, reference to the aforesaid respective subjects is made in the meeting of the Ad hoc Committee, dated 4th December, 2019. As the applications are in respect of payment of taxes to the Government and issuance of E-tenders for various activities leading to provide food items to the devotees visiting Shri Sai Baba Sansthan, Shirdi and as there is no serious objections raised by respondent No.7 i.e. the original petitioner, all the civil applications are allowed in terms of prayer Clause (B) and the same are disposed of accordingly.

(ANIL S. KILOR, J.) (PRASANNA B. VARALE, J.) sjk