Point of Law: Government contract - Tender Process - In event of tender being issued in favour of successful bidder and upon issuance of work order, if transport contractor or any other person, contravenes provisions of Mathadi Act, it is always open for aggrieved to seek their remedies against such infractions.

JUDGMENT :

M.S. KARNIK, J.

Rule. Rule is made returnable forthwith. Heard finally with the consent of the parties.

2. The issues involved in these Petitions are common and therefore disposed of by a common judgment. However, Writ Petition Stamp No.11311 and Writ Petition No.1010 of 2021, though they challenge the same GR, considering the nature of that challenge, are dealt with separately.

3. These Petitions under Article 226 of the Constitution of India take exception to the Government Resolution bearing No.Contract/1120/Pra. Kra.106/Na. Pu. 16-A Food and Civil Supplies and the Consumer Protection Department, Government of Maharashtra dated January 15, 2021 ('GR dated January 15, 2021' for short). In the alternative, the Petitioners have challenged various clauses in the said GR dated January 15, 2021. The details of the relevant clauses under challenge are set out in the later part of this Judgment.

THE CHALLENGE IN BRIEF :

4. The impugned GR dated January 15, 2021 has been issued by the State Government for the purpose of giving contracts of transportation of food and other essential commodities from the Food Corporation of India (FCI) Godown to Public Distribution Shops (PDS). It is the contention of the Petitioners that the terms and conditions and criteria prescribed by the GR dated January 15, 2021 have no nexus with the purpose for which the tender is issued, as a result of which, though the Petitioners are very much competent and otherwise equipped to execute the works under the GR dated January 15, 2021, due to tailor-made conditions set out in the GR to favour existing bidders, the Petitioners are arbitrarily excluded from participating in the tender process.

5. For the purpose of convenience we refer to the facts in Writ Petition No. 750 of 2021.

6. The State of Maharashtra had from time to time issued various GRs for the purpose introducing transparency and for the purpose of ensuring that the beneficiaries receive food and civil supplies on regular basis and in prescribed time. Towards that end, initially, GR dated February 23, 2012 was issued. As per this GR, from the base depot of the FCI upto the ration shop in the districts, transportation was to be done under one contract at the cost of the Government, for maintaining the food and civil supplies.

7. Thereafter, vide GRs dated November 26, 2012 and April 20, 2017, in all districts in the State of Maharashtra, food and civil supplies were to be transported, in two stages, that is to say, first from FCI depot to district collection centres or Government godown and from there to individual fair price shops, and in respect of circle areas of Mumbai and Thane and so far as municipal corporation areas of Pune, Nashik, Nagpur, Aurangabad and Solapur are concerned, directly from FCI depot to fair price shops. The guidelines for such transportations were prescribed by these two GRs dated November 26, 2012 and April 20, 2017.

8. Thereafter, GR dated November 1, 2018 was issued for the purpose of bringing co-ordination in the handling of food and civil supplies department at the level of the Government godown and for the purpose of making transportation of food and civil supplies as per 'PDS' managed by the Government of Maharashtra and for increasing the efficiency thereof. Towards that end, it was decided that combined tenders would be issued and that was so provided by this GR dated November 1, 2018.

9. The issuance of GR dated November 1, 2018 resulted in hamal contractors raising a grievance that the said GR would adversely affect their work. Various Writ Petitions came to be filed challenging the GR dated November 1, 2018. Consequently, the State of Maharashtra took a decision vide GR dated September 20, 2019 to withdraw and repeal the earlier GR dated November 1, 2018. Thereupon, the impugned GR dated January 15, 2021 came to be issued. It is the Petitioners’ case that this GR has adversely affected the Petitioners, hence these Petitions.

SUBMISSIONS MADE ON BEHALF OF THE PE