SWAMI SAMARTH ENGINEERS LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, the Petitioner challenges the tender process by which the Respondents invited online bid / tender in respect of Hydro Electric project for Gadnadi Hydro Electric Project, Taluka Sangameshwar, District Ratnagiri (1x1.8 MW) and Uttarmad Hydro Electric Project, Taluka Patan, District Satara(1x0.4 MW). This Petition further challenges letter dated 14.08.2020 issued by Respondent No.2 rejecting the Petitioner's request for extension of time for online bid submission for Gadnadi Hydro Electric Project. A further directions is sought against Respondents for grant of extension of time to submit the Petitioner's online bid and for acceptance of the same.

(2.) The Petitioner is a Company incorporated under the provisions of Companies Act, 1956 having its registered office at 773/3, Pradyumn Apartments, Lane No.9, Bhandarkar Road, Pune 411 004. The Petitioner is in the business of undertaking national highway road project, irrigation project, hydro-power project and several other undertakings of the government and has completed several projects successfully. The Petitioner claims to have more than 25 years in this business. The Petitioner also claims to be registered with Respondent No.1 as a contractor and has completed several major projects as well as commissioning 1.2 MW hydro-power project which has been successfully running for the last five years.

(3.) Respondent No.1 is the State of Maharashtra. Respondent No.2 is the Executive Engineer, Hydro Electric and Lift Irrigation, Kolhapur. Whereas Respondent No.3 is the Chief Engineer (Electrical) Hydro Projects, Water Resources Department, Government of Maharashtra, and Respondent No.4 is the Secretary (CAD), Water Resources Department, Government of Maharashtra. Respondent No.5 is one of the bidders who had successfully submitted its bid prior to the last extended date and time i.e. 06.08.2020 till 5.00 p.m.