M/S Watergrace Products Throu Prop. Chetan P Bora v. The State Of Maharashtra Thoru. Sec. Urban Development Dept And ORS

(901)WP-10035-2024.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.10035 OF 2024 M/s.Watergrace Products ] Through its Proprietor ] ..

Petitioner vs.

State of Maharashtra & Ors.

] ..

Respondents Mr.Yogendra Koli i/b M/s. C.K. Legal for the Petitioner. Mr.R.A. Salunkhe, AGP for Respondent No.1.

Mr.S.S. Patwardhan for Respondent Nos.2 to 4. CORAM :

ALOK ARADHE, CJ. & BHARATI DANGRE, J.

DATE :

28th JANUARY, 2025.

P.C.

1.

The Petitioner has assailed the validity of the E-Tender Notice No.02/2024-25, identified by Tender No.2024_MMC_1003317_1 dated 12/02/2024, issued by the Respondent-Corporation on the ground that the same is arbitrary, illegal and unconstitutional. 2.

The learned counsel for Respondent Nos.2 to 4 submits that the bids submitted in pursuance of the aforesaid notice inviting tenders were scrutinized and the work order was issued to the successful 1/2

(901)WP-10035-2024.doc bidder. It is further pointed out that the aforesaid Contractor has started the work with effect from 15/09/2024. It is also pointed out that the Petitioner is not an aggrieved person inasmuch as he has neither purchased the tender nor has submitted bid in pursuance of the notice inviting tenders.

3.

In support of the aforesaid submission, the learned counsel for the Respondent-Corporation has placed reliance on the decision of Aurangabad Bench in Nilesh Suresh Kshatriya vs. State of Maharashtra1.

4.

In view of the aforesaid submission, the learned counsel for the Petitioner prays for and is granted time of two weeks to enable him to amend the Petition to implead the successful Contractor. 5.

List on 11/02/2025.

(BHARATI DANGRE, J.) (CHIEF JUSTICE) 1 2023(2)Mh.L.J.63 2/2