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MANGESH S. PATIL, SHAILESH P. BRAHME
Geocon Consultancy, Through its Proprietor, Akshay S/o. Arun Nikam – Appellant
Versus
State of Maharashtra, Through its Principal Secretary, Urban Development Department – Respondent
JUDGMENT :
(Shailesh P. Brahme, J.) :
Rule. Rule is made returnable forthwith with the consent of the parties. Heard litigating sides finally.
2. Petitioner is a proprietary firm working in the management, treatment and disposal of solid waste. It has approached this Court challenging the request for proposal floated through e-tender notice dated 10.06.2024 for selection of an operator for collection, transportation and processing of Municipal Solid Waste for Latur Municipal Corporation and seeking directions to issue fresh tender process.
3. Previously, respondent no. 2 – Corporation floated a tender notice dated 07.02.2024 for selection of operator for solid waste management for Latur City. It was challenged by Janadhar Sevabhavi Sanstha, Latur, by preferring Writ Petition No. 2717 of 2024 in the High Court. It was allowed by judgment and order dated 02.04.2024, thereby, quashing e-tender notice and directing respondent no. 2 -Corporation to undertake fresh tender process as per existing laws and Government Resolution. In pursuance of the order of the High Court, respondent no. 2 – Corporation has undertaken fresh tender process vide tender notice dated 10.06.2024, which is sought t
Judicial review of tender conditions is limited to preventing arbitrariness; authorities have discretion in setting conditions based on project requirements.
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The Court upheld the Corporation's authority to impose pre-qualification criteria and found that it did not amount to blacklisting the petitioner.
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
Judicial review in tender matters emphasizes restraint unless actions are proven arbitrary or discriminatory; author of the tender is best placed to determine its requirements.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
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