JUDGMENT

A.S. Chandurkar, J. - RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. On 02.12.2021, the Maharashtra State Power Generation Company Limited-Principal floated a tender inviting bids for transportation of raw coal against Road-cum-Rail allocation from various mines of Western Coalfields Limited to the Thermal Power Station of the Principal. Clause 1.12(V) which is the contentious clause that has given rise to this writ petition reads as under:

''1.12(V) Railway Siding:-

Bidder should have permission/consent of private siding owner to operate the Vimla siding for dispatch of coal to TPS of Mahagenco.

Permission/consent of Vimla private siding owner to operate the siding should be submitted along with the bid, failure which the bid will not be considered. The siding should be available for the entire period of the contract.''

This clause has been challenged as being arbitrary, capricious and violative of Articles 14 and 19(1)(g) of the Constitution of India.

3. Shri D.V. Chauhan, learned counsel for the petitioner-Bidder submits that by introducing a private party in the matter of transportation of raw coal there is uncertainty in the manner in