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2007 Supreme(Bom) 1361

SWATANTER KUMAR, D.Y.CHANDRACHUD
Abdul Hassan Khan – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Bipin Joshi for the petitioner.
Mrs. Geeta Shastri, Assistant Government Pleader, for respondent No.1
Mr. Nitin Pradhan with Ms. S.D. Khot for respondent No.2

JUDGMENT (Per Swatanter Kumar, C.J.):

Rule. Respondents waive service. By consent Rule made returnable forthwith. Heard learned counsel for the parties.

1. By this petition under Article 226 of the Constitution of India, the petitioner prays for quashing of the order dated 17th July 2007 passed by respondent No.2, whereby the contract for recovery of entrance fee from vehicle drivers, who enter from three check nakas of Goregaon, Powai and Marol respectively in Aarey Milk Colony has been extended for a period of 3 years with effect from 17th February 2005 by increasing the contract amount by 5% as also inviting fresh tenders for the said contract.

2. The petitioner, who claims to be a reputed contractor and who has undertaken various contracts for management and maintenance, submitted a tender in response to the notice dated 30th December 2001 inviting tenders issued by the State Government. The tender related to the management of three toll naka points within the Aarey Milk Colony, Goregaon (East) Mumbai. In response to the said notice, the tender of the petitioner was accepted and he was awarded contract work for a period of three years from 17th February 2002 to 16th February
























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