Urban Enviro Waste Management Limited v. State Of Maharashtra

2025:BHC-AUG:20505-DB 954wp9261-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 WRIT PETITION NO. 9261 OF 2025 Urban Enviro Waste Management Limited

VERSUS

State Of Maharashtra ...

Mr. P. R. Katneshwarkar, Senior Advocate i/by Mr. Parag V Barde, Advocate for the Petitioner Mr. V. M. Kagne, AGP for Respondents State .....

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 1st August, 2025 P. C. :

1.

Challenge to the tender notice dated 30.06.2025, issued by Respondent No.2-Corporation is that the qualification criteria have been deliberately drafted and crafted in such a manner that the petitioner is eliminated from the competition and to favour particular parities. 2.

In that context, the learned counsel for the petitioner invited attention of this Court to qualifying criteria Nos 1, 7 and 13. 3.

We have perused the said qualifying criteria alongwith others, as specified in the tender notice.

4.

We find that the said criteria appear to have been specified by Respondent No. 2 Corporation in its own wisdom, for the purpose of ensuring that the best available party is awarded such a contract for door to door garbage collection and for solid waste management in the city of Chhatrapati Sambhajinagar.

954wp9261-25 5.

We are of the opinion that this Court, while exercising writ jurisdiction, would not sit in judicial review over the the said criteria specified by Respondent No.2 Corporation. We are unable to agree with the petitioner that the criteria have been so drafted that the petitioner is eliminated and some specific parties are favoured. There is hardly any material to reach such a conclusion.

6.

In any case, the petitioner has failed to make out a case for interference under Article 226 of the Constitution of India for the reason that the qualifying criteria are uniformly applicable to all the prospective bidders and only those who qualify the same would be able to enter the arena of competition.

7.

No case is made out for interference. The writ petition is dismissed.

( Y. G. KHOBRAGADE, J. ) ( MANISH PITALE, J. ) JPChavan