D.D. SINHA, J. : - Heard Shri S.P. Dharmadhikari, learned counsel for the petitioner, Shri A. B. Choudhari, learned Government Pleader for respondent Nos. I to 3 and Shri Atul Pande, learned counsel for respondent No.4, Rule. Rule made returnable forthwith by consent of the parties.

2. Shri S. P. Dharmadhikari, learned counsel for the petitioner has submitted that the petitioner is proprietary firm and is engaged in construction of roads since last five years. The petitioner has satisfactorily executed contracts of construction of road, not only with respondent but with other departments of the local bodies, such as Zilla Pari shad, Yavatmal as well as Municipal Council, Yavatmal.

3. On 20 -12 -2005 a tender notice was published by respondent No.2 by which sealed tenders for work of providing B.T. Renewal to Nagpur Bori Tuljapur Road, MSH No.3 in Km.180/00 to 184/00 Km.187/00 to 191/00, Km.199/00 to 203/99 and Pitching and construction of Gabian and Protection Wall with repairs to approaches in Km.I92/00, 204/800 to 205/400 and 212/150 and 214/950.

4. The learned counsel for the petltlOner has contended that as per condition of tender the petitioner is required to