Jan Adhar Sevabhavi Sanstha Through Its Trustee Member Dilip Laxman Chavan v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:5018-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO.5176 OF 2023 JAN ADHAR SEVABHAVI SANSTHA, THROUGH ITS TRUSTEE MEMBER DILIP LAXMAN CHAVAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. A.N. Irpatgire, Advocate for petitioner Mr. N.S. Tekale, AGP for respondent Nos.1 to 3 Mr. K.J. Ghute Patil, Advocate for respondent No.4 ...

CORAM :

SMT. VIBHA KANKANWADI & S.G. CHAPALGAONKAR, JJ.

DATE :

07th MARCH, 2024 ORDER :

Learned Advocate for the petitioner submits that respondent No.4 has filed affidavit-in-reply on 05.03.2024, wherein it is said that - "1) I say that, in the earlier affidavit filed on behalf of the Municipal Council, it is started by the restrictions laid down in the notice dated 16.03.2023, regarding acceptance of tender from NGO will not be persuaded by the Municipal Council, it is brought to the notice of this Hon'ble High Court when the petition came up for admission hearing on 27.02.2024. It is transpired that, because of the restrictions in the

WP_5176_2023 tender notice, many suitable institutions would have left away from the tender process and fair opportunity to all eligible institutions, needs to be given. The Hon'ble High Court therefore, granted time to ascertain as to whether fresh tender process can be initiated?. 2) I say that, in view of the fact, non insistence of restrictions imposed on accepting, tender from NGO will not suffice purpose of implementing scheme for collection of waste, therefore, fresh tender process will have to be initiated. Accordingly, it is communicated to the counsel appearing for the Municipal Council. Copy of the said letter is annexed herewith and marked as Exhibit-'R-1'." The learned Advocate for the petitioner submits that in view of the said statements the purpose of the writ petition has been served and, therefore, he prays for the withdrawal of the petition. The writ petition, therefore, stands disposed of as withdrawn.

( S.G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd