Shree Sai Baba Sansthan Trust Shirdi Through Its Chief Executive Officer vs. The State Of Maharashtra And Others

Facts

The Applicant, Shree Saibaba Sansthan Shirdi, through its Administrative Officer, filed a Civil Application seeking permission to implement two resolutions (No. 305 and No. 307, both dated June 13, 2024). Resolution No. 305 pertains to issuing an e-tender for the construction of a new Laundry Building, with an estimated cost of Rs. 5,07,24,000/- (excluding GST). Resolution No. 307 concerns issuing an e-tender for the construction of a new Case Paper Building, with an estimated cost of Rs. 4,56,31,496/- (excluding GST). The learned Principal District Judge, Ahmednagar, who is the Chairman of the Ad-hoc Committee, had already approved these resolutions. The State of Maharashtra was the respondent.

Held

The Court considered the two prayer clauses (B) and (B-1) of the Civil Application, which sought permission to implement Resolution No. 305 and Resolution No. 307, respectively. These resolutions pertained to the e-tendering process for the construction of a new Laundry Building and a new Case Paper Building for the hospitals managed by the Applicant. The Court noted that the learned Principal District Judge, Ahmednagar, who chairs the Ad-hoc Committee, had already approved these resolutions. Based on this prior approval by the competent authority, the Court found no impediment to granting the Applicant's request. Therefore, the Court allowed the Civil Application in terms of both prayer clauses (B) and (B-1), permitting the Applicant to proceed with the e-tendering process for the specified construction projects.

Key Issues

1. Whether the Applicant, Shree Saibaba Sansthan Shirdi, should be permitted to implement Resolution No. 305 dated 13.06.2024 for issuing an e-tender for the construction of a new Laundry Building, with an estimated cost of Rs. 5,07,24,000/- (excluding GST)? 2. Whether the Applicant, Shree Saibaba Sansthan Shirdi, should be permitted to implement Resolution No. 307 dated 13.06.2024 for issuing an e-tender for the construction of a new Case Paper Building, with an estimated cost of Rs. 4,56,31,496/- (excluding GST)? Contentions: Petitioner/Applicant: The Applicant sought permission to proceed with the e-tendering process for the construction projects as per the approved resolutions. They relied on the approval granted by the Chairman of the Ad-hoc Committee. No specific legal provisions were argued, but the application was framed within the context of administrative and financial approvals for public works. Revenue/State: The judgment does not record any specific arguments or contentions from the Respondent/State.