Sublime Warehousing Pvt. Ltd. Nagpur Through Director Shri Aavesh S/O Navalkishor Zunzunwala v. State Of Maha. Thr. Secretary, Department Of Food, Civil Supplies And Consumer Protection, Mumbai

27.01 wp 373 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.373 OF 2021 Sublime Warehousing Pvt. Ltd., through its Director - Shri Aavesh S/o Navalkishor Zunzunwala ... Petitioner

Versus

State of Maharashtra ... Respondent Mr. M.I. Dhatrak, Advocate for Petitioner.

Mrs. Ketki Joshi, Government Pleader for Respondent. CORAM : NITIN JAMDAR & ANIL S. KILOR, JJ DATE : 27 JANUARY 2021 P.C.:

Heard the learned Counsel for the parties.

2.

The Petitioner has challenged the Government Resolution dated 15 January 2021 issued by the Respondent- Secretary, Food, Civil Supplies and Consumer Protection of State of Maharashtra. The learned Counsel for the Petitioner has sought to raise various contentions regarding legality of the Clauses of the said Resolution. 3.

The Petitioner is a Warehousing Company. The Petitioner has not placed on record the precise cause of action which has led to the challenge. There is no specific mention of any tender based on the said Government Resolution in which the

27.01 wp 373 of 2021.odt Petitioner seeks to participate. Whether to participate in a tender is a business decision. Unless such cause of action arises, the challenge to the Government Resolution by the Petitioner would be in abstract and an academic exercise, for which we do not intend to invest judicial time at present.

4.

We dispose of the Petition, giving liberty to the Petitioner to approach this Court in case a specific tender based on the said Government Resolution in which the Petitioner wants to participate, meaning thereby when a cause of action arises. (ANIL S. KILOR, J) (NITIN JAMDAR, J) Lanjewar Digitally signed by Prashant Lanjewar Date:

2021.01.30 14:32:14 +0530 Prashant Lanjewar