Saraswati Mahil Sewa Bhavi Sanstha Through Its President Cum Chairman v. The State Of Maharashtra And Others

(930) WP-3006-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.3006 OF 2020 Saraswati Mahila Sewabhavi Sanstha through its Presidentcum-Chairman ..

Petitioner

Versus

The State of Maharashtra and ors.

..

Respondents Mr P.N. Sonpethkar, Advocate for petitioner Mrs P.V. Diggikar, A.G.P. for respondent-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 20th February 2020 ORAL ORDER :

1.

We have heard Mr Sonpethkar, learned Counsel for petitioner. 2.

Learned Counsel for the petitioner submits that the tender of the petitioner has been rejected on technical ground. The petitioner was not given proper opportunity to explain and clarify about the addresses. Though addresses in Schedule 3 of some of the members are shown of different district, but they are actually residents within Parbhani district. The Bank statement is also placed on record of those members. According to learned Counsel, the petitioner has also given representation to the respondent, the same is not yet decided.

3.

We have also heard learned A.G.P.

4.

The petitioner has placed on record the application for the change report. The Joint Secretary is shown to be Sow. Varsha Balaji Gunjkar. Her address is shown as resident of Thorawa, Taluka Vasmat, District Hingoli. The Treasurer is one Sou. Vanmala Sunilappa Khake. Her address is shown as resident of Risod, Taluka Risod, District Washim. Some are residents of

(930) WP-3006-2020 Purna Taluka. Clause 2 of the advertisement/tender notice prescribes that all the members of the Mahila Bachat Gat applying for the tender should be the local residents within the Grampanchayat area. The tender was for urban area of Parbhani. Admittedly, as per the change report proceedings, the Joint Secretary and Treasurer are not residents within the limits of Parbhani. The petitioner had participated in the tender process. 5.

The petitioner had not challenged the said clause prior to participating in the tender process.

6.

In light of above, no relief can be granted to the petitioner. 7.

Writ Petition is disposed of. No costs.

( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr