Sambhaji Pati Engineers Through Its Partner And Authorized Signatory Sambhaji Bhausaheb Shirsath v. The State Of Maharashtra And Others

1 wp 14348.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14348 OF 2018 SAMBHAJI PATI ENGINEERS THROUGH ITS PARTNER AND AUTHORIZED SIGNATORY SAMBAJI BHAUSAHEB SHIRSATH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Palodkar Devdatt P. AGP for Respondents No. 1 to 5 : Mr. A. R. Kale ...

CORAM: S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE:

rd JULY, 2019 PER COURT:

1.

We have heard Mr. Palodkar, learned counsel for the petitioner. According to the learned counsel, the conditions in the tender are tailor made with malafide intentions to suit the bidders who are already possessing the facilities of mix concrete plant of 20-30 cubic meter per hour capacity, concrete pump and excavator 110. This requirement would reduce the competition and put burden on the public exchequer. There is no

2 wp 14348.18 object said to be achieved by inserting such conditions. The relaxation is not granted for RMC plant / concrete machine but only relaxation is granted for excavator.

2.

The learned Assistant Government Pleader submits that the work order is already issued to the deserving candidate on 27.02.2019.

3.

The work must have progressed further. The period of work is eighteen months. It would be inappropriate now to interfere with the tender which is already allotted.

4.

In the light of above, writ petition is disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] marathe