Shanti Bahuuddeshiy Sewabhavi Sanstha Aurangabad Through Its Director Niraj Satish Jain v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3970 OF 2019 Shanti Bahhuddeshiya Sevabhavi Sastha, Aurangabad Petitioner

Versus

The State of Maharashtra & others Respondents Mr. G.K. Naik-Thigle, advocate for the petitioner. Mrs. A.V. Gondhalekar, AGP for Respondents.

CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 05th April, 2019.

P.C. :

Petitioner raises challenge to the tender conditions. According to the petitioner, a monopoly is sought to be created by the State Government in the matter of allotment of space in the Government hospitals for making available Generic medicines at concessional rates.

We have heard Mr. Thigle, learned counsel for the petitioner. In response to the Court's query as to whether the petitioner has purchased the tender and participated in the tender process, Mr. Thigle, learned counsel for the petitioner submits that he could not get any instructions from the petitioner. Perusal of the pleadings does not reflect that the petitioner has purchased tender or has taken steps to participate in the tender process.

{2} wp3970.19.odt That being so, since the petition is preferred for academic interest and the fact that the tender program has already advanced, in our opinion, no case for interference is made out at this stage.

Petition, as such, stands dismissed.

NITIN W. SAMBRE PRASANNA B. VARALE JUDGE JUDGE adb