Om Agro Organics, Yavatmal, Thr. Its Auth. Signatory, Avinash Vasantrao Dudhe v. The State Of Maharashtra, Thr. Secretary, Department Of Agriculture, Mumbai And ORS.

1 WP-4402-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.4402 OF 2026 Om Agro Organics, Darwha Road, Yavatmal vs.

State of Maharashtra, Thr. Secretary, Dept. of Agriculture, Mantralaya, Mumbai and ors. - -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rahul N. Ghure, Advocate for petitioner. Shri Neeraj Jawade, Assistant Government Pleader for respondent No.1. CORAM : RAJ D. WAKODE, J.

DATED : 28th May, 2026 Heard Shri Rahul Ghuge, learned counsel for the petitioner. 2.

The petitioner being aggrieved by the rejection of its bid by the tendering Authorities i.e. respondent Nos.2 to 4 in furtherance of process initiated for Expression of Interest (EOI) for procurement of ICAR PUSA Decomposer (Wettable Power), has approached this Court. 3.

Issue notice to the respondents, returnable on 10/06/2026. 4.

Shri Neeraj Jawade, learned Assistant Government Pleader waives service of notice on behalf of respondent No.1. 5.

In addition to regular mode of service, petitioner is permitted to serve the remaining respondents by all private modes permissible in law and file affidavit of service.

6.

In the meanwhile, the further process initiated by the Authorities for Expression of Interest (EOI) for procurement of ICAR PUSA Decomposer (Wettable Powder) on Back-to-Back Payment Term Basis vide document dated 29/12/2025 which is at record page 29 AnnexureA shall be subject to outcome of this writ petition.

2 WP-4402-26.odt 7.

Shri R. N. Ghuge, learned counsel for the petitioner submits that after rejection of the technical bid of the petitioner, the petitioner had submitted a detailed representation to the tendering Authorities pointing out as to how the essential condition of the bid documents regarding quality test report issued by ICAR and the bidders whose quality test report stood expired at the time of the opening of the technical bid were shown to have been qualified. The aforesaid representation dated 21/05/2026 is at record page 114, Annexure-K. It is submitted that till date, the respondent No.2 has not decided the said representation.

8.

In view of above, the respondent No.2 is directed to consider the aforesaid representation and decide the same on its own merits and in accordance with law till the returnable date. (Raj D. Wakode, J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 28/05/2026 18:04:44