Berojgaranchi Kshitij Nagari Seva Sahakari Sanstha Through Shaikh Chandsaheb Shaikh Ratanji v. The State Of Maharashtra And Others

WP 6174/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6174/2016 Berojgaranchi Kshitij Nagari Seva Sahakari Sanstha, through Shaikh Chandaheb Shaikh Ratanji.

...Petitioner..

Versus

The State of Maharashtra & others.

...Respondents...

.....

Shri D.M Shinde, Advocate for petitioner.

Shri M.B. Bharaswadkar, AGP for respondent nos.1 to 3. Shri R.R. Shaikh, Advocate for respondent no.4. Respondent nos.5 & 6 served.

.....

CORAM: R.M. BORDE & K.L. WADANE, JJ.

DATE: 05.08.2016 ORDER :

1] The petitioner is objecting to the decision of award of contract and acceptance of the tender offer proposed by the respondent no.4.

2] It is not a matter of dispute that the respondent no.4 is the lowest bidder, whereas the petitioner is the second lowest bidder. The petitioner contends that the lowest bidder was called for negotiations and during the

WP 6174/16 - 2 - process of negotiations, he has further lowered his tender offer. However, the petitioner has not been extended an opportunity since it was not called for negotiations.

3] We do not find any irregularity in the process adopted by the respondents in calling the lowest bidder for further negotiations. Apart from this aspect, the work order has been issued in the month of June, 2016 and the tender work, which is of 12 months duration, has already commenced. At this late stage, no interference is called for in the tender process. The petition is devoid of substance and hence stands rejected. (K.L. WADANE, J.) (R.M. BORDE, J.) ndk/c581617.doc