JUDGMENT :

Avinash G. Gharote, J.

Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties finally with their consent.

1. The present petition has been filed by claiming a relief of issuance of a writ of mandamus or other appropriate writ, directing the respondents to accept submission of bid of petitioner physically for tender process of proposed (RFP) construction and widening of existing Beed bypass road, part of Aurangabad-Jalna road, new Aurangabad city, including service road and VUP’s, Taluka and District Aurangabad, in pursuance to notice for Hybrid Annuity Mode (HAM) (online) Tender, vide E-Tender Notice No.5/2019-2020 or in the alternative to set aside the tender process being contrary to law and more particularly the Government Resolution dated 27.09.2018.

2. The petitioner is a joint venture bidder. The respondents vide publication dated 27.08.2019, issued a notice inviting tender for the above work. The petitioner claims that being duly qualified to bid in the tender process, it has paid the tender fees, downloaded the tender form and participated in the pre-bid process, procured bank guarantee in the name of J.V. from Bank of Maharashtra, started up