Sushikshit Berojgar Abhiyanta Association, Through Its President, Anand Kumar S/O Ajit Kumar Jain v. State Of Maharashtra, Through Its Secretary, Health Department, Mumbai And 2 Others

wp5682.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.5682 of 2019 Sushikshit Berojgar Abhiyanta Association, Gondia

Versus

State of Maharashtra and others Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri I.N. Choudhari, Advocate for the petitioner, Shri Amit Madiwale, AGP for the respondents.

Coram : R.K. Deshpande & Vinay Joshi, JJ.

Date : 13.08.2019.

The challenge in this petition is to various tender notices issued on 23.07.2019 for the same kind of works at different places. Reliance is placed upon the Government Resolution, dated 19.09.2017 which is the clarification in respect of effect of Goods & Services Tax Act, 2017 on works contracts and demands raised by the Contractors' Association regarding the process and condition of the contracts which does not permit clubbing of works in Clause 3.4. The tenders are not issued by the Public Works Department to which the Government Resolution is applicable and there is no fundamental right which is sought to be violated.

The writ petition is dismissed.

(Vinay Joshi, J.) (R.K. Deshpande, J.) Gulande