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2024 Supreme(Bom) 622

DEVENDRA KUMAR UPADHYAYA, AMIT BORKAR
Just Universal Pvt. Ltd. – Appellant
Versus
State of Maharashtra, through Food, Civil Supplies, and Consumer Protection Department – Respondent


Advocates Appeared:
For the Petitioner:Mr. Zal Andhyarujina, Senior Advocate with Mr. Shrey Sancheti, Mr. Mahadji Phalke i/by Mr. Nikhil Adkine, Mr. Mayur Khandeparkar with Mr. Aniesh S. Jadhav, with Mr. Saurish Shetye with Mr. Rushikesh Kekane i/by Ms. Amisha Lolusare.
For the Respondents:Mr. V.R. Dhond, Senior Advocate (Special Counsel) with Mr. P.P. Kakade, Government Pleader and Mr. O.A. Chandurkar, Additional Government Pleader and Mrs. G.R. Raghuwanshi, AGP, Mr. Anil Sakhare, Senior Advocate (Special Counsel), Mr. Milind Sathe, Senior Advocate with Mr. Atit Soni, Mr. Swapnil Ambure, Ms. Nida Khan and Ms. Swati Pandey, Mr. Aabad Ponda, Senior Advocate, Mr. Ashutosh Kumbhakoni, Senior Advocate with Mr. Ashutosh Kulkarni, Mr. Sarthak S. Diwan i/by Mr. Avesh A. Ghadge.

JUDGMENT :

Amit Borkar, J.

1. These two petitions raise similar questions of fact and law, and are therefore being disposed of by this common judgment.

2. In both petitions, the challenge is directed against the communication/technical evaluation report dated 13th August 2024, pursuant to which the petitioners were disqualified and deemed technically ineligible in relation to the Request for Proposal dated 18th July 2024, bearing RFP No. ASHiVi_2024/CR-17/NAPU22, for the supply of food kits ("Anandacha Shidha") for the Gauri-Ganpati Festival during the financial year 2024-2025.

3. The facts in Writ Petition No.11468 of 2024 are as follows: Respondent No. 1 issued a Request for Proposal dated 18th July 2024 for supply of food kits ("Anandacha Shidha") for the Gauri-Ganpati Festival during the financial year 2024-2025 under the terms and conditions set forth therein. The tender document required supply of packages containing sugar, chana dal, rawa, and soybean oil, along with a polypropylene bag, to various Taluka godowns in the Districts of Maharashtra State. The Earnest Money Depos

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