Bombay High CourtWP/2851/2016dispossed offdismiss for default

Din Dalit Bahuudeshiya Adiwasi Gramin Vikas Sanstha, Telang Takli, Thr. Its Sect. Kiran Jaipal Kumr v. State Of Maha., Thr. Sect., Tribal Devp. Dept. Mumbai And Others

2016-07-04Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

0407wp2851.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2851/2016 Din Dalit Bahuudeshiya Adiwasi Gramin Vikas Sanstha, Through its Secretary ...Versus...

State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya Extension, Mumbai - 400032 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Mugdha Chandurkar, Advocate for petitioner Mrs. B.H. Dangre, G.P. for respondent nos.1 to 4 CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 04.07.2016 Heard.

It is the case of the petitioner - Society that the State Government while issuing a tender notice, dated 2.5.2016 did not adhere to the policy in the Government Resolution, dated 4.3.2014 of incorporating the condition of preference to the Adiwasi Purush Bachat Gat, Adiwasi Mahila Bachat Gat and the other categories, that are mentioned in the Government Resolution.

Mrs. Dangre, the learned Government Pleader appearing on behalf of the respondents states that the petitioner has submitted the bid for supplying food to four Ashram Schools. It is stated that in respect of two tenders, the bid of the petitioner

0407wp2851.16.odt is the third lowest and in terms of the policy in the Government Resolutions, dated 4.3.2014 and 10.9.2015, the respondents would grant an opportunity to the petitioner to give a bid, that matches with the bid of the lowest bidder and if that is done, the respondents would consider awarding the contract in favour of the petitioner. It is stated that in respect of two other Ashram Schools the respondents have received the bids from the category of Tribals to which the petitioner belongs and since the bid of the petitioner is higher than their bids, the claim of the petitioner for allotment of the contract for the two Ashram Schools cannot be granted.

By accepting the statement made on behalf of the respondents that the petitioner would be granted an opportunity to match the lowest bid for two Ashram Schools, we dispose of the writ petition with no order as to costs.

JUDGE JUDGE Wadkar