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R. D. DHANUKA, S. G. MEHARE
Khilari Infrastructure Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. V. D. Sapkal, Senior Advocate a/w Mr. D. S. Manorkar, Advocate for the Petitioner, Mr. V. D. Salunke, a/w Mr. R. D. Raut, Advocate for the Petitioner, for the Appellant; Mr. A. R. Kale, AGP for Respondent Nos. 1 to 3. Mr. Mahesh S. Deshmukh, Advocate h/f Mr. Vivekanand Deshmukh, Advocate for Respondent No. 4. Mr. N. B. Khandare, Advocate h/f Mr. S. A. Wakure, Advocate for Respondent No. 6

JUDGMENT

R.D. Dhanuka, J. - Rule. The learned counsel appearing for the respondents waives service. Rule is returnable forthwith.

2. By consent of parties both the proceedings were heard together and being disposed of by common order.

3. The petitioner in Writ Petition No. 195 of 2022 filed under Article 226 of the Constitution of India has prayed for a writ of certiorari for quashing and setting aside the report/result of the tender opening committee of the respondent Nos. 4 and 5 dated 28.12.2021 in respect of the petitioner, work order order dated 30.12.2021 and agreement dated 30.12.2021 executed in favour of the respondent No. 6. The petitioner also prays for a writ of mandamus directing the respondent Nos. 4 and 5 to take the decision considering the financial bid of the petitioner for execution of the work order and agreement.

4. In Public Interest Litigation No. 5 of 2022, the petitioner has prayed for a writ of certiorari for quashing and setting aside the work order dated 30.12.2021 issued by the respondent No. 5 - Municipal Council in favour of respondent No. 7 and to issue a fresh tender for underground sewage scheme under MSJNMA and further seeks directions to issue fresh

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