NANAK CONSTRUCTION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.

(2.) The challenge raised in the present writ petition is to the communication dtd. 30/12/2022 issued by the Water Supply and Sanitation Department of the State Government. By the said communication addressed to the Chief Executive Officer, Zilla Parishad, Nagpur it has been informed that the proposal for blacklisting the petitioner is under consideration. Based on this communication one of the bids of the petitioner has been held non-responsive and the petitioner is not being permitted to participate in the other bids pursuant to the tender notice floated by respondent No.2. The Zilla Parishad had issued tender notice inviting bids for about 10 works. The petitioner responded to the said invitation and submitted its bid. As regards the work No.2022_NAGPU_857690_2 the petitioner's bid was not opened on the ground that the instructions from the State Government in the matter of blacklisting the petitioner were awaited. The financial bids of the other works were yet to be opened when this writ petition was filed praying that the petitioner be permitted to participate in the tender process since there is no order of blacklisting passed.

(3.) Mr. Abhay Sambre, the learned counsel for the petitioner has invited our attention to relevant clauses of the tender document. As per Clause 15 if a Contractor is blacklisted / barred from participating in a tender or his registration is suspended, he is liable to be disqualified. A bidder is required to submit a self declaration that he is not blacklisted by any Government Department / Government Local Body or Government Undertaking. Since there is no order of blacklisting as on date it is submitted that the petitioner has submitted such undertaking. Merely on the basis that it is proposed to be blacklisted, the petitioner cannot be prevented from participating in the tender process. In support of his contention the learned counsel has placed reliance on the decision in the case of Caretel Infotech Ltd. V/s. Hindustan Petroleum Corporation Limited & Ors. reported in 2019 (14) SCC 81. It is submitted that the petitioner be permitted to accordingly participate in the tender process.