AKASH DEEP VIDHYUT KAMGAR SAHAKARI SANSTHA LTD Vs. MAHARASHTRA STATE CO OP TRIBAL DEVELOPMENT CORPORATION NASIK

JUDGEMENT

(1.) HEARD counsel for the parties. Despite notice before admission to respondent Nos. 1 and 2 issued on 13th August 1991 we are sorry to record that the respondent Nos. 1 and 2 did not think it fit to put in any affidavit before the Court. Consequently we had to see the record for ourselves.

(2.) DISPUTE in this petition relates to tender work of supply and fixing of electric pumps and oil engines on the wells in the lands belonging to tribals. On 29th May, 1991 the 1st respondent issued notice inviting tenders. Petitioner as well as respondent No. 4 submitted their tenders and ultimately 1st respondent accepted the tender of 4th respondent. It is this action of the 1st respondent which is sought to be challenged in this petition.

(3.) MR. Sawant, learned counsel appearing in support of this petition firstly urged that the 1st respondent has acted in contravention of the instructions contained in the letter dated 17th December 1990 (Exhibit C to this petition ). Petitioner claims to be a tribal (Adivasi ). Respondent No. 4 is a proprietary concern of which Mr. Vijay Ajitsingh Mohansingh Pardeshi is the proprietor. It appears that he does not belong to any of the reserve categories Mr. Sawant drew our attention to the notice published in the news paper "dainik Apla Maharashtra" dated 29th May 199l and urged that this does not recite that preference will be given to tribals in terms of letter dated 17th December 1990. It is true that such a clause has not been inserted in the said advertisement. Admittedly petitioner did submit his tender and since his tender was higher than the 4th respondent's it appears that the same came to be rejected. Technical grievance sought to be made out by the petitioner therefore does not appeal to us.