M/S Sohel Buffalo Meat Shop Through Its Proprietor Mr.Sohel Salim Qureshi v. The State Of Maharashtra And Others

1 12-wp 4554-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4554 OF 2022 M/s. Sohel Buffalo Meat Shop Through its Propriator Mr. Sohel Salim Qureshi .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Yogesh B. Bolkar, Advocate for the Petitioner. Mr. S. G. Karlekar, AGP for Respondents-State. Mr. Anand Bhandhari, Advocate for Respondent Nos. 2 to 8. CORAM : R. D. DHANUKA & S. G. MEHARE, JJ.

DATED : 25th APRIL 2022.

PER COURT:- .

By this petition filed under Article 226 of the Constitution of India the petitioner seeks directions against the respondents to quash and set aside the impugned Tender No. AMC/ZOO/200/209 dated 18.04.2022 published by the Administrator, Municipal Corporation, Aurangabad, District Aurangabad and also seeks directions to continue with the First Process of Tender No. AMC/ZOO/2022/86 dated 10.02.2022 and allot the said tender to the petitioner as the petitioner is the second lowest bidder.

2 12-wp 4554-2022.odt 2.

In the first tender process, the petitioner had quoted the rate of Beef of Rs. 235.00 per k.g. whereas, Fazil Buffalo Meat Shop had quoted the rate of Beef of Rs. 118.00 per k.g. and declared as lowest bidder. The said Meat Shop shown inability to supply the Beef and did not perform the said contract.

3.

The petitioner therefore agreed to carry out the said supply at the rate of Rs. 235.00 per k.g. The respondents did not accept the said offer and invited fresh tender. However, since there was no bid received by the respondents, the said tender process was cancelled. The third tender notice is published inviting the bids. The last date for submission of the bid is today.

4.

The learned counsel for the petitioner states that his client is willing to supply the Beef at alternate rate at the rate of Rs. 200.00 per k.g. In the first tender process the lowest bidder has refused to perform the contract.

5.

The Corporation has made arrangement with the original contractor till the contract is awarded to the successful bidder in the present tender invited by the Corporation.

6.

If the petitioner chooses to submit bid in response to the tender now invited by the respondent No. 3, the bid of the petitioner shall be

3 12-wp 4554-2022.odt considered on its own merits by the Corporation. 7.

We are thus, not inclined to interfere with the tender process issued by the Corporation. Writ petition is devoid of merits and is dismissed. No order as to costs.

( S. G. MEHARE ) ( R. D. DHANUKA ) JUDGE JUDGE P.S.B.