RAJENDRA KASHINATH DRONKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Dharmadhikari, learned Counsel for the petitioners, Shri Deshpande, learned Assistant Government Pleader for the respondent Nos. 1 and 2, and Shri Manohar, learned Senior Counsel for the respondent No. 3. Rule made returnable forthwith by consent of parties.

(2.) SHRI Dharmadhikari, learned Counsel for the petitioners, submitted that the petitioners are contractors. The second respondent on behalf of the first respondent enters into contracts with various contractors for excavation of sand from various places located in Nagpur District, which are commonly known as "sand ghats". Generally all tender notices are published about fifteen days prior to expiry of annual contract in the said calendar year, thereby inviting bids from aspiring Contractors to grant leases to excavate sand from various sand ghats. The contracts are executed for a period from 1st January to 31st December in every calendar year.

(3.) THE learned Counsel for the petitioners further submitted that purpose for inviting bids ten-fifteen days prior to expiry of contract in the said calendar year is to get best price and to practise fair play. It is open for the aspiring bidders to assess quantity of sand, which could be excavated during the next calendar year and if the Contractor, who is presently excavating sand does not succeed to get contract for the next year, shall not be allowed to extract sand on a war footing to deprive any Contractor whose bid is accepted for the next calendar year. It is contended by the learned Counsel that this practice has been followed by the respondent No. 2 for last few years.