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2016 Supreme(Bom) 752

B.P.DHARMADHIKARI, I.K.JAIN
Mana Constructions – Appellant
Versus
Agricultural Produce Market Committee – Respondent


Advocates Appeared:
For the Petitioner: Shri A.A. Naik
For the Respondent: Shri D.V. Chauhan, Shri H.D. Dangre

JUDGMENT :

B.P. Dharmadhikari, J.

The same petitioner challenges allotment of works to same Respondent No. 2 in tender floated by Respondent No. 1 – Agricultural Produce Marketing Committee (A.P.M.C.).

2. In Writ Petition No. 1745 of 2016, Respondent No. 2 has submitted lowest offer while the petitioner is at Sr. No. 4. Rates of respondent Nos. 3 & 4 stand at Sr. Nos. 2 & 3 respectively. The tender has been invited for construction of Grain Auction Hall Nos. 3 & 4, Entrance Gate and Compound Wall in the Principal Market Yard (Orange) of A.P.M.C.

3. In Writ Petition No. 1746 of 2016, Respondent No. 2 has submitted lowest offer while the petitioner is just above it. That tender is for construction of Traders Shop No. 7 + 7A and 8 + 8A in the Principal Market Yard (Orange) of A.P.M.C.

4. In both these matters, this Court has issued notice on 10.03.2016 and though the respondents were allowed to complete other procedural formalities, issuance of work order has been stayed. This interim order continues to operate even today. We have, at request of the parties, heard the matters finally by issuing Rule & making it returnable forthwith.

5. The principal bone of contention between the parties is

















































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