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Bombay High CourtWP/3007/2024allowed

M/S Anuni Infrastructure Throu. Partner Sachin L Patil v. Chief Officer Karal Muncipal Council And ORS

2024-03-06Hon'Ble The Chief Justice , Hon'Ble Shri Justice Amit Borkar2 pages

403-WP-3007-2024 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3007 OF 2024 M/s. Anuni Infrastructure, Through Partner Sachin L. Patil .. Petitioner

Versus

Chief Officer, Karad Municipal Council, Karad & Ors.

.. Respondents Mr. Yuvraj Narvankar a/w Mr. Mayur Mohite for petitioner. Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Addl. Government Pleader and Mrs. Snehal S. Jadhav, AGP for respondent no.2-State.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE:

6th MARCH, 2024 P.C.:

1.

Heard the learned counsel for the petitioner and the learned Government Pleader for respondent no.2. 2.

We direct the petitioner to serve the respondent nos.1 and 3 along with a copy of this order.

3.

It has been submitted by the learned counsel for the petitioner that the only reason indicated by respondent no.1 for rejecting its technical bid is that the petitioner did not submit the Geo-Tag certificate. Our attention has been drawn to Clause 6.1.13 of the tender notice, according to which a tenderer is required to submit site visit certificate issued by

403-WP-3007-2024 the Chief Officer of Karad Municipal Council, Karad, with GeoTag photo. 4.

Submission is that the petitioner made an application to the Chief Officer of Municipal Council on 9th February, 2024 with a prayer that the petitioner be provided the site visit certificate with Geo-Tag photograph for seven tenders, including the subject tender, but the said certificate was issued by the Chief Officer excluding the subject tender by means of letter dated 12th February, 2024. It is, thus, submitted by the learned counsel for the petitioner that on account of the fault on the part of Municipal Council in not furnishing Geo-Tag certificate for the subject tender, the petitioner cannot be held responsible and hence, in these circumstances, its technical bid could not have been rejected. 5.

Stand over to 8th March, 2024.

(ARIF S. DOCTOR, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2024.03.06 14:45:41 +0530 PRAVIN DASHARATH PANDIT