India Agro Farms Co Operative Society Ltd Through Its Chairman Secretary v. The State Of Maharashtra Through The Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 WRIT PETITION NO. 12014 OF 2023 WITH CA/12337/2023 IN WP/12014/2023 INDIA AGRO FARMS CO OPERATIVE SOCIETY LTD THROUGH ITS CHAIRMAN SECRETARY

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. P.R. Katneshwarkar i/b. Mr. Patil Ujwal Subhash AGP for Respondent Nos. 1 to 3 : Mr. A.A. Jagatkar ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 09 OCTOBER 2023 PER COURT :

Heard both the sides.

2.

The petitioner is a Co-operative Society duly registered under the Maharashtra Co-operative Societies Act. It is primarily aggrieved by the decision of the respondent no. 2 - Authority which floated the tender but rejecting its bid holding that it is not a Society which is working for the welfare of the labours and was primarily a Credit Society. It is being demonstrated that though the petitioner's nomenclature in all probability is misleading, it is a Society of labours working for their welfare.

3.

According to the learned AGP, the tender in question has been recalled and a fresh tender has been floated, which fact even the learned Advocate for the petitioner admits. Learned Advocate for the

petitioner also submits that the petitioner has even participated in the fresh tender process.

4.

If such are the supervening events, this Court cannot decide the issue academically. It would always be open for the petitioner to satisfy the respondent no. 2 - Authority, as to how it is eligible to participate and the latter may have to consider that aspect as well.

5.

In the light of the above state of affairs, nothing survives to be decided in this petition and it is disposed of. All the issues are kept open.

6.

Civil Application is also disposed of.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] spc/