H.P. GHUMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of the parties at admission stage.

(2.) The petitioner approached this Court under Article 226 of the Constitution of India, thereby impugning the communication/notice dtd. 25/9/2023, by which petitioner alongwith two other lowest bidders were invited for negotiations by tendering authority i.e. Respondent no.4. However, during pendency of this petition, respondent no.3 passed further order dtd. 17/20/11/2023, disqualifying the petitioner, although he was already declared qualified and L-1 bidder. The petitioner has incorporated challenge to said communication by amending the writ petition.

(3.) The petitioner contends that, he is a reputed contractor and since year 2021 undertakes the work of water supply through Tankers under various contracts. Respondent No.3 - District Collector, Beed had floated E-Tender notice dtd. 13/7/2023 inviting bids for supply of water Tankers in District Beed. As per Schedule, the petitioner submitted his bid alongwith requisite documents. In all 8 bidders participated in Tender process. On Technical scrutiny all eight (8) participant were declared qualified. On opening of Financial Bids, the Petitioner was declared as lowest bidder being L-1. His bid was 43% below the estimated price quoted in E-tender notice. The petitioner, being lowest bidder, was expecting the work order. He submitted representation for execution of the agreement, however, to his surprise, he received a communication/notice dtd. 25/9/2023 by which 3 (two) lowest bidders including the petitioner were invited for negotiations in the office of Respondent No.3. Petitioner objected to such notice being contrary to the terms of Tender as well as the Government Circulars and Rule-book published by the Government. Petitioner has further pointed out that he has successfully supplied requisite number of the tankers in past and possess best experience. However, Respondent no.3 issued a communicated dtd. 17/20/11/2023 disqualifying the petitioner from E-Tender process giving reason that false information regarding 'GST' number was incorporated in the Tender submitted by the Petitioner. The petitioner responded to the aforesaid communication and pointed out that services of Water Supply under the contract issued by the Local Authority are exempted from the GST. Therefore, such condition of providing GST number is non-essential. Further, another bidders, who had not submitted GST number, was also declared qualified in the Tender process.