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2020 Supreme(Bom) 1249

A.S.CHANDURKAR, N.B.SURYAWANSHI
Musale Constructions, Builders and Contractors, a Partnership firm through it’s partner Rambhau Gulabrao Musale – Appellant
Versus
Vidarbha Irrigation Development Corporation, through it’s Executive Director, Civil Lines, Nagpur – Respondent


Advocates Appeared:
For the Petitioner:J.T. Gilda, Senior Advocate assisted by A.J. Gilda, R. Deshpande, Advocates.
For the Respondents:R1 & R2, S.G. Jagtap, Advocate.

JUDGMENT :

N.B. Suryawanshi, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.

2. Since in all these three petitions, the challenges raised, so also the grounds of challenge are same, they are heard together and are decided by this common judgment. The petitioner in these three petitions seeks quashing of Circular No. 9 dated 17.02.2020, issued by the respondent no. 1-V.I.D.C.

3. The petitioner is a partnership firm doing construction business and has been taking contracts from Government, first respondent and other authorities. The first respondent is a Corporation constituted for removing backlog of irrigation and for carrying out various irrigation projects in Vidarbha region. The first respondent from time to time issued tender notices in respect of construction of various projects. The petitioner filled in tenders and three tenders of the petitioner were accepted as follows:-

    i) Construction of earthwork and structure along Minor-1 RD 2350M and its sub minor, Minor-2 L RD-3090M and its sub minor, tail minor RD-4330 an

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