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M/S Vishal Enterprises Thr. Proprietor Suresh D. Patil v. The State Of Maharashtra Thr. Secretary Public Health Department And ORS

2025-05-02Hon'Ble The Chief Justice , Hon'Ble Shri Justice Sandeep V. Marne2 pages

902-wp 5885-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5885 OF 2025 M/s. Vishal Enterprises Through Proprietor Suresh D. Patil ... Petitioner

Versus

The State of Maharashtra Through Secretary, Public Health Department & Ors. ... Respondents .............

Mr. Anil Sakhare, Senior Advocate i/b Kalpesh Patil a/w. Mr. Viraj Nalawade for the Petitioner.

Mrs. Neha S. Bhide, GP a/w. Mr. O.A. Chandurkar, Addl. GP and Mrs. G. R. Raghuwanshi, AGP for Respondent Nos.1, 2 & 6. CORAM : ALOK ARADHE, CJ AND M. S. KARNIK, J.

DATED : 2 nd MAY, 2025.

P.C. :

1.

In this petition, the petitioner has challenged the tender condition No. 19 of E-Tender issued by the Zilla Parishad, Ratnagiri. The aforesaid condition prescribed that there should not be any FIR lodged against the bidder. 2.

Learned Senior Counsel for the petitioner submits that the aforesaid clause is per se arbitrary and irrational. On account of aforesaid clause, the petitioner is not being permitted to participate in the tender in question. 3.

Issue notice returnable after four weeks.

4.

In the meanwhile, any action taken in respect of tenders in question shall be subject to outcome of the petition.

Amk 1/2

902-wp 5885-25.doc 5.

List on 11.06.2025.

6.

Mrs. Neha S. Bhide, learned Govt Pleader waives notice. (M. S. KARNIK, J.) (CHIEF JUSTICE) Amk 2/2