IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE

3rd OF JANUARY, 2024 WRIT PETITION No. 31657 of 2023 BETWEEN:-

MACHHUA SHAHKARI SAMITI MARYADIT UMRI (DHIMARPURA) THROUGH ITS SECRETARY MATADEEN RAIKWAR S/O KASHIRAM RAIKWAR AGED 47 R/O VILLAGE DHIMARPURA TEHSIL AND DISTRICT NIWADI (MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHISH TIWARI - ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH ITS PRINCIPLE SECRETARY FISHERIES DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. COMMISSIONER, SAGAR DIVISION DIVISION SAGAR (MADHYA PRADESH)

3. COLLECTOR, NIWADI, DISTRICT NIWADI (MADHYA PRADESH)

4. ASSISTANT DIRECTOR, FISHERIES DEPARTMENT NIWADI DISTRICT NIWADI (MADHYA PRADESH)

5. JANPAD PANCHAYAT NIWADI, DISTRICT NIWADI THROUGH ITS CHIEF EXECUTIVE OFFICER, (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY – DEPUTY ADVOCATE GENERAL )

............................................................................................................................................

This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 226 of Constitution of India has been filed seeking the following reliefs :-

“A) To, direct to the concern respondent authority to proceed and complete the allotment process of Manpasar Sichai Talab, situated at Village Umri in fair manner by considering the candidature of the petitioner society and proceed its strictly in accordance with law, and within 30 days.

B) Any other order/orders that this Hon’ble Court deems fit and proper in the facts and circumstances of the case may also kindly be passed.”

2. It is submitted by counsel for petitioner that the authorities have issued a tender notice dated 10.06.2023 for allotment of fishing farming and Manpasar Sichai Talab situated at village Umari, Janpad Panchayat Niwadi, District Niwadi.

3. Earlier the petitioner was giving the fishing rights by letter dated 04.01.2012 issued by the Collector, which was for a period of 10 years and after the expiry of said lease, the respondent no.5 has issued a public notice for grant of lease. The petitioner-society had applied for grant of fishing lease, but till date the respondent no.5 has not taken a final decision on the said public notice.

4. Heard the learned counsel for the petitioner.

5. The counsel for petitioner was directed to address this Court as to whether this Court can issue a Mandamus directing the respondents to complete the tender proceedings or not?

6. The scope of jurisdiction of this Court in the tender proceedings is very limited. Unless and until some malafides are attributed to the authorities, this Court cannot interfere with the tender proceedings.

7. In Tata Motors Limited Vs. The Brihan Mumbai Electric Supply & Transport Undertaking (BEST) and others, decided on 19^th May, 2023 in Civil Appeal No.3897/2023, the Supreme Court has held that in judicial review in commercial matters should be done unless a case of arbitrariness, malafides, biased or irrationality is made out and the Court should not needlessly interfered in contract involving the technical issues. The Judges do not possess necessary expertise to adjudicate the technical issues beyond their domain.

8. Since the petitioner has not pointed out any arbitrariness, malafides, biased or irrationality on the part of the respondents and the respondents are the best Judge to decide the question of tender issue by them, this Court is of considered opinion that no case is made out warranting issuance of any direction to the respondents to conclude the tender proceedings.

9. Accordingly, the petition fails and is hereby dismissed.

(G.S. AHLUWALIA)

JUDGE TG/-

TRUPTI GUNJAL

2024.01.24