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MICHAEL ZOTHANKHUMA
Rahmat Ali Laskar Son Of Late- Abdul Hannan – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. A. I. Uddin, learned counsel for the petitioner, who submits that the petitioner submitted his bid in respect of the E-Tender Notice No.06/2023-2024 issued by the Divisional Forest Officer, Social Forestry Division, Pune, Government of Maharashtra, for supply of minimum 4 months old bamboo seedlings from certified seed source in around 4”x5” size polybags.
2. No one appears for the respondents, despite notice having been issued to the respondents on 17.05.2024. The office note dated 09.09.2024 states as follows:-
3. The petitioner, who is the proprietor of M/s North East Nursery Seeds House, Udali Tiniali Bazar, Nagaon, Assam-782446, submitted his tender in respect of the above said E-Tender Notice for supply of bamboo seedlings to Pune, Maharashtra. The petitioner’s bid was selected. Supplies were made by the petitioner. The grievance of the petitioner is that only part paym
Jurisdiction of High Courts under Article 226 is determined by the location of the cause of action, not merely where the order was issued.
The court lacks jurisdiction to entertain a writ petition if the cause of action arises outside its territorial limits as per the tender conditions.
The jurisdiction for tender disputes arose in New Delhi as per exclusive jurisdiction clause, not in States where the bidders operated.
The main legal point established in the judgment is the interpretation of 'cause of action' and the concept of territorial jurisdiction under Article 226 of the Constitution in relation to the notice....
The main legal point established in the judgment is the application of the doctrine of forum conveniens in determining the territorial jurisdiction of the High Court under Article 226 of the Constitu....
The main legal point established in the judgment is the application of territorial jurisdiction under section 20 of the CPC, emphasizing the significance of the location of the contract's making and ....
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