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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Alok Aradhe, Sandeep V.Marne
Agri Sprayers T.I.M Association – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to government resolution on subsidy deletion (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. details on tender processes and challenges (Para 8 , 9) |
| 3. petitioners argue against government resolution compliance (Para 10 , 11) |
| 4. state's defense of the government resolution and its objectives (Para 12 , 13 , 14) |
| 5. court’s analysis of government resolutions (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 6. no error in government's policy decisions (Para 24 , 25) |
| 7. locus standi issue among petitioners (Para 26 , 27 , 28) |
| 8. court's final conclusion and imposition of costs (Para 29 , 30 , 31) |
JUDGMENT :
Sandeep V. Marne, J.
1. These petitions challenge Government Resolution dated 12 March 2024 which contemplates procurement and supply of five items (fertilizers, pesticides and agriculture equipment) to the farmers under special program for enhancement of productivity. Petitioners complain that the Government Resolution dated 12 March 2024 has the effect of deleting the items Battery Operated Sprayers, Nano Urea, Nano DAP, Metaldihide Pesticide and cotton storage bags from Schedule-A of Government Resolution dated 5 December 2016, by which amounts towards purchase of the said items w
Authority of the State to amend subsidy schemes under agricultural productivity laws was upheld, confirming that distinct programs can operate independently without violating prior established proced....
The main legal point established in the judgment is the obligation of the State and FCI to directly procure paddy from farmers at the MSP to prevent distress sales and eliminate middlemen.
The court affirmed the petitioner's entitlement to an export subsidy under the Government Resolution, emphasizing equal treatment under Article 14 of the Constitution.
The authority of a Government Order and the supremacy of the Legislature in determining the policy for the welfare of the people must be upheld by the Court.
The improper allocation of items without rejecting submitted tenders is unlawful; the High Court maintains jurisdiction to issue writs regardless of where the cause of action arose.
Government procurement processes must ensure fairness and adherence to legal norms, avoiding arbitrary exclusions.
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 provisi....
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