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Bombay High CourtPIL/73/2019dismissed

Shri. Sachin Arun Shinde v. The State Of Maharashtra Through Water And Soil Conservation Dept. And ORS

2019-10-03Hon'Ble The Chief Justice,Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 11-pil-73-19.doc pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 73 OF 2019 Shri Sachin Arun Shinde .. Petitioner Vs.

The State of Maharashtra & Ors.

.. Respondents Mr. D. W. Bhosale for Petitioner.

Mr. M. M. Pabale, AGP for State.

CORAM: PRADEEP NANDRAJOG, CJ. & SMT. BHARATI DANGRE, J.

OCTOBER 03, 2019.

P.C.

1.

The grievance in the Public Interest Petition is that vide Government Resolution dated 12th April, 2017, to execute civil works, only condition of eligibility is that the tenderer should be a registered civil contractor but in the notice inviting tender dated 1st June 2019 the condition imposed is that the bidder should be a registered civil contractor with the Water Conservation Board.

2/2 11-pil-73-19.doc 2.

Suffice it to state, if a contractor who is registered as a civil contractor but not with the Water Conservation Board would have a right to question the tender and in a Public Interest Litigation we need not protect the rights and interests of contractors. Purpose of a Public Interest Litigation as it evolved was for public spirited persons to approach the Court seeking relief in favour of the weak and the marginalized who were unable to approach the Court.

3.

The Public Interest Petition is dismissed.

SMT. BHARATI DANGRE, J. CHIEF JUSTICE