Bombay High Court
R.K Services Thr. Ppoprietor Ravindra ... vs Sangli Miraj And Kupwad City ... on 26 September, 2022
Author: Madhav J. Jamdar
Bench: Dipankar Datta, Madhav J. Jamdar
14-cwp.11474.2022
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11474 OF 2022
R.K. Services ...Petitioner
thru' Proprietor Ravindra Ganpati
Kempwade
V/s.
BHALCHANDRA
GOPAL
DUSANE Sangli Miraj and Kupwad City ...Respondent
City Corporation thru' Commissioner
Digitally signed by
BHALCHANDRA & Ors.
GOPAL DUSANE
Date: 2022.09.27
20:09:35 +0530 Mr. Kuldeep U. Nikam a/w Mr. Prasad Avhad for
Petitioner.
Mr. Vikram N. Walawalkar a/w Mr. Amey C. Sawant,
Mr. Viren Tapkir for Respondent no. 1.
CORAM: DIPANKAR DATTA, CJ. &
MADHAV J. JAMDAR, J.
DATE: SEPTEMBER 26, 2022
P.C.:
1. The grievance expressed by the petitioner is that although the tender notice issued by the respondent no.1- Corporation for appointment of an agency for day-to-day maintenance and performing security work was limited to one year, a decision has since been taken on 4th August 2022 to award the contract for a total period of nine years on condition that the performance of the selected bidder shall be reviewed at the end of three years, whereafter further extensions may be granted.
114-cwp.11474.2022
2. It is not in dispute that the respondent no. 2 has been found to be the lowest bidder; however, the work order in its favour is yet to be issued.
3. Having regard to the terms of the tender notice, prima facie, we have satisfied that the decision taken in the meeting dated 4th August 2022 is illegal and arbitrary. There could not have been a deviation from the terms of the notice after opening of the financial bids. Level playing field has been denied. Therefore, we restrain the Corporation from issuing the work order for a period of three years or nine years, as the case may be. Instead, the Corporation shall be at liberty to issue work order at the first instance for a period of a year only, which would be subject to further orders of this Court on this writ petition.
4. Issue notice returnable on 21st November 2022.
5. Mr. Walawalkar, learned advocate waives service on behalf of the respondent no.1. Private notice to the respondent no. 2 is permitted, in addition to the regular mode of service.
6. Reply affidavit, if any, be filed by 11th November 2022. Rejoinder may be filed by 17th November, 2022.
7. Since the respondents 3 and 4 have been impleaded only because they were participants in the tender process, we direct their deletion from the array of the parties.
(MADHAV J. JAMDAR, J.) (CHIEF JUSTICE)
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