M/S. Sainath Grain Traders PVT. LTD. vs. State Of Maharashtra Through Directorate Primary Education And Ors
Facts
M/s. Sainath Grain Traders Pvt. Ltd. (Petitioner) filed a writ petition challenging an order dated January 24, 2023, by respondents State of Maharashtra & Ors. (Respondents), which rejected the Petitioner's technical bid. The rejection was based on the Petitioner's failure to annex the GST Certificate for the year 2019 with the tender documents. Tenders were invited on September 20, 2022, for appointing transporters for food-grain transportation. The Petitioner contended their bid was rejected without proper reason. During the pendency of the writ petition, a work order was issued to Respondent No.3, and the contract period was set to expire in April 2025.
Held
The High Court declined to entertain the writ petition challenging the order dated January 24, 2023. The Court noted that the contract period in question was scheduled to expire in February 2025, rendering the issue academic. Consequently, no effective relief could be granted to the Petitioner. The Court observed that at this stage, the issue involved in the writ petition had become academic, and therefore, it was not inclined to grant any relief. The Court also stated that if a fresh tender were issued and the Petitioner responded, the respondents should consider it on its own merits. The writ petition was disposed of with these observations.
Key Issues
1. Whether the rejection of the Petitioner's technical bid for failing to annex the GST Certificate for the year 2019 was valid, considering the Petitioner's contention that the rejection was erroneous and without sufficient reason? (Question of law and fact, potentially touching upon tender conditions and administrative fairness). Petitioner's Argument: The Petitioner argued that their bid was rejected without assigning any valid reason and erroneously. They also submitted that the work order had been issued to Respondent No.3 and the contract period was nearing expiry. Respondents' Argument: The Respondents contended that the issue had become academic. They pointed out that the GST Certificate was issued to the Petitioner on March 3, 2023, which was after the tender submission deadline, thus explaining why it could not be annexed. They asserted that the technical bid was rightly rejected on this ground.
AI-generated summary — verify with the full judgment below
23-wp.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURI ICTION WRIT PETITION NO.1378 OF 2023 M/s. Sainath Grain Traders Pvt. Ltd. ….. Petitioner Vs. State of Maharashtra & Ors. ….. Respondents Mr. S. P. Kanuga a/w. Mr. Hitesh Vyas for the petitioner Mr. A. P. Shinde, “B” Panel Counsel with Mrs. G. R. Raghuwanshi, AGP for respondent – State Ms. Sneha Patil with Brena Gala i/b. Maniar Srivastawa Associates for respondent No.3 CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J. DATE : JANUARY 27, 2025 P.C.
With consent of the learned counsel for the parties, the writ petition is heard finally.
In this petition, the petitioner has assailed the validity of the order dated 24th January 2023, by which the technical bid of the petitioner has been rejected by respondent Nos.1 and 2 on the ground that the GST Certificate for the year 2019 was not annexed with the tender documents.
The facts giving rise for filing the writ petition, briefly stated, are as under. Basavraj JAYANT VISHWANATH SALUNKE VISHWANATH SALUNKE Date: 2025.01.27 20:12:54 +0530
23-wp.docx
On 20th September 2022 sealed tender
The judgment continues below.
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