SAIBHUMI CONSTRUCTION Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) Present writ petition has been filed by the petitioner for following reliefs :-

(3.) The facts leading to the petition are that the petitioner had taken part in the tender process issued by Zilla Parishad, Beed for various works in Jal Jeevan Mission. The tender notice was published on 14/3/2022. He participated in the said tender process. Petitioner was informed on 22/4/2022 that work done certificate relied by him bears the signature of Deputy Engineer. He was directed to cure the defect. Thereafter the petitioner submitted the work done certificate signed by the Executive Engineer, Rural Water Supply Division, Zilla Parishad, Jalgaon vide application dtd. 27/4/2022. It was accepted by the Zilla Parishad satisfying the defects pointed out by respondent No.3. However, thereafter, the petitioner received mail informing that his bid for village Nathapur has been rejected. On perusal of the technical bid it appears that it was opened on 14/8/2023, but it bears the signature of Executive Engineer, Shri. Namdeo Ubale, who stood retired in the month of April, 2022. In spite of curing the defect, the same was not considered and for the same defect (which was cured later) his technical bid has been rejected. The petitioner also submits that in fact the said tender process was cancelled by respondent No.3 vide order dtd. 31/10/2022 and fresh tender was initiated on 14/11/2022. In the said fresh tender, petitioner had participated and was found eligible and, therefore, there is illegality in the entire process. Therefore, he has prayed for setting aside the scrutiny by the technical bid committee and declare him as qualified.