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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

PUBLIC INTEREST LITIGATION NO. 110 OF 2016

MAHARASHTRA ENGINEERS ASSOCIATION REGISTRATION NO NSK781

THRO ITS GENERAL SECRET

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...

Advocate for Petitioner : Shri Palodkar Devdatt P.

AGP for Respondents / State : Shri A.R.Kale.

...

CORAM: S.C. DHARMADHIKARI

AND

MANGESH S. PATIL, JJ.

DATE :- 12^th June, 2017

P.C.:

1

The Maharashtra Engineers Association which represents,

according to the cause title, the registered members/ contractors, has filed

this petition alleging that on account of the Government Resolution dated

12.07.2016, an exemption was granted from e-tendering process for the

works to be carried out from the funds of the Members of Parliament (MP)

or Members of State Legislature (MLA) in the garb that the works from

their funds and upto to the ceiling limit of Rs.10 lac have to be completed

expeditiously.

2

This has been construed by the Petitioner Association as an

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exemption from normal and general rule of e-tendering, which e-

tendering process according to the Petitioner brings about complete

transparency and leaves no scope for any unfairness, unreasonableness,

discrimination and malafides.

3

Another petition being Writ Petition No.7954/2016 pending

in this Court and the order made therein on 16.03.2017 is relied upon to

urge that this Court should proceed to quash and set aside this

Government Resolution though it is a policy decision.

4

Possibility of abuse of power, by no means, gives rise to the

cause of action and enabling the High Court to interfere with the policy

decision. Possible misuse and abuse of power is thus, no ground to

interfere in writ jurisdiction when right from the judgment in the case of

Matajog Dobey vs. H.C.Bhari (AIR 1956 SC 44) there is a presumption that

every Government action and decision is fair, reasonable and just. There

has to be material on record so as to interfere with the policy decision and

which would demonstrate blatant acts of favouritism, nepotism and

malafides and where it is generally alleged that MPs/ MLAs are securing

contracts for their own people and therefore, on their requests/ letters or

recommendations the contracts are awarded.

5

In the present petition, there is no pleading much less any

concrete example or illustration from any part of the Marathwada region

that there are such recommendations/ requests from the MPs/ MLAs. We,

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therefore, grant leave to the Petitioner's advocate to bring on record such

material and only then we will scrutinize any action of the State.

6

Place this matter along with Writ Petition No.7954/2016 on

10.07.2017.

(MANGESH S. PATIL, J.)

(S.C. DHARMADHIKARI, J.)

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