Satish Vasudeo Ekande And Others v. The State Of Maharashtra And Others

1 WP-12258.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12258 OF 2015 Satish Vasudeo Ekande and others ...PETITIONERS versus The State of Maharashtra and others ...RESPONDENTS .....

Mr. R.D. Biradar, Advocate for petitioners Mr. S.M. Ganachari, AGP for respondents No. 1 to 5 .....

CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 7th JULY, 2016.

Order :-

1. Mr. Biradar, learned counsel for petitioners states that petitioners are registered machine holders with Agricultural Department, however, they are not allowed to participate in e-tender process for allotment of works. Learned counsel further submits that circulars are also issued to that effect but the respondents are not implementing it. In writ petition No. 4744 of 2014, this court had directed respondent i.e. State Government to follow Government Resolution dated 26-11-2014 and the work above Rs. 3,00,000/- (Rupees Three lakhs) has to be allotted by following e-tender process. Because of filing said writ petition and the order passed by this Court, respondents have illegally issued circular dated 25-05-2015 prohibiting the machine holders from participating in e-tender process and allotting the work. According to learned counsel, said act is illegal.

2 WP-12258.15 2.

Mr. Ganachari, learned Assistant Government Pleader states that Union of earth movers along with petitioners have filed representation to Agricultural Commissioner and requested to allow machine holders registered with Agricultural Department to take part in e-tendering process floated by Soil Conservation Department. According to learned Assistant Government Pleader, the same is under consideration. 3.

Learned Assistant Government Pleader, on instructions, provided by Mr. Umesh Birajdar, Sub-Divisional Agricultural Officer, who is present in the Court states that said Officer is a member of the Committee which was formed on 08-06-2016 to submit the report with regard to right of machine holders participating in e-tender process. Said Committee has held meeting and also submitted its report on 01-07-2016 to the Government and positively recommended that machine holders be allowed to participate in e-tender process floated by Soil Conservation Department and said report would be circulated to various offices. Pursuant to which, rules and regulations are to be framed and for said process two months time is required. Said statement made by respondent - authority is accepted. Said rules and regulations may be framed within the period as has been submitted.

4. Considering the above, purpose of writ petition to large extent has been served. Writ petition as such is disposed of. No costs. Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK