JUDGMENT :

S.G. DIGE, J.

1. Rule. Rule made returnable forthwith. With consent of the parties taken up for final hearing at admission stage.

2. The petitioner has challenged the impugned communication dated 31st December, 2021 issued by the respondent no. 2-Superintending Engineer, Osmanabad, whereby it has been communicated to the petitioner that the bid of the petitioner in respect of tender of improvements and widening of Ahmedpur-Belur to MSH-6 road, MDR-24, Km.0/00 to 13/500, Tq. Ahmedpur, Dist. Latur has not been admitted by the Committee. Petitioner also prays that petitioner’s tender be admitted and direction be given to open financial bid of petitioner. The respondent no. 1 is the State of Maharashtra through its Secretary for Public Works Department, Mantralaya, Mumbai, the respondent no. 2 is the Superintending Engineer, Osmanabad, who has passed the impugned communication. The respondent no. 3 is the Executive Engineer, P.W.D. No. 2, Latur. The respondent nos.4 and 5 are the tenderers, who have also filled in their respective tenders along with the petitioner.

3. Brief facts of the case are as under:

The petitioner is a partnership firm. Public Works Department, Latur (for s