NITISH KAILASH KAPADNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of the parties, heard finally.

(2.) The petitioners, in both the writ petitions, approached this Court under Article 226 and 227 of the Constitution of India, assailing the orders of disqualification passed against them in tender no.15 of 2023, 16 of 2023 and 17 of 2023 dtd. 27/9/2023, published by Municipal Council, Bhusawal. The petitioners have also prayed to quash the work orders dtd. 24/11/2023 and 29/11/2023 issued to respondent nos.3 and 4 in pursuance of tender notice.

(3.) The respondent no.2-Municipal Council, Bhusawal had published three tender notices bearing no.15, 16 and 17 of 2023 for execution of works like construction of cement roads, RCC gutter, security wall, installation of Paver blocks and other sundry works. The tender notice specifies the bidders qualifications for technical bid. Condition "F" specifically stipulates that the bidder must have RMC plant either owned by himself or on lease hold basis placed within 15 kilometers circumference of Bhusawal town. The documents in support of such compliance was required to be furnished in envelop for technical bid.