DONALDAS GAGOOMAL MUKHIJA Vs. DAIRYDEVLOPMENT COMMISSIONER

JUDGEMENT

(1.) RULE, heard forthwith by consent.

(2.) THIS is the common order for both the above writ petitions. These writ petitions arise out of the Contracts awarded for transport of milk by tankers on behalf of the Dairy Development Commissioner. After the tende were invited, in so far as Ahmadnagar-Bombay route is concerned the petitioner in Writ Petition No. 726 of 1993 was found to be the lowest tenderer and letter of intent to award the Contract was issued to the petitioner In so far as Writ Petition No. 1059 of 1993 is concerned, the petitioner in Writ petition No. 726 of 1993 was found to be the lowest tenderer in respect of the jamkhed-Bombay route. However, subsequently as a result of brief negotiations, the petitioner in Writ Petition No. 1059 of 1993 was called upon to reduce the tender rate to the rate offered by the Petitioner in Writ Petition No. 726 of 1993 and the route Jamkhed - Bombay was shared between the petitioners in writ Petition No. 726 of 1993 and Writ Petition No, 1059 of 1993.

(3.) SURPRISINGLY, for reasons to known to the department, in the situation wherein there was stoppage of work by several other tenderers, the Diary development Commissioner invited all the tenderers for fresh negotiations. However, the communication thereof was not received by the petitioners in writ Petition No. 726 of 1993 and Writ Petition No. 1059 of 1993, who have already been issued letters of intent.