Shree Sai Baba Sansthan Trust Shirdi Through Its Chief Executive Officer vs. The State Of Maharashtra And Others
Facts
The Petitioner, Shree Saibaba Sansthan Shirdi, through its Administrative Officer, filed a Civil Application seeking permission to implement Resolution No. 308 dated June 13, 2024. This resolution pertains to issuing an e-tender for the erection of a new storage building on Survey No. 124. The estimated cost for this project is Rs. 11,39,40,000/-, excluding GST. The learned Principal District Judge, Ahmednagar, who is the Chairman of the Ad-hoc Committee, has approved this resolution. The State of Maharashtra is the Respondent.
Held
The Court allowed the Civil Application in terms of prayer clause (B). The Petitioner, Shree Saibaba Sansthan Shirdi, was permitted to implement Resolution No. 308 dated June 13, 2024. This resolution allows for the issuance of an e-tender for the erection of a new storage building at an estimated cost of Rs. 11,39,40,000/- (excluding GST). The Court noted that the e-tendering process would be followed and the L1 bidder would be selected. It was also stated that the learned Principal District Judge, Ahmednagar, Chairman of the Ad-hoc Committee, had approved the said resolution. The reasoning for allowing the application is based on the approval of the resolution by the relevant authority and the stated intention to follow a proper e-tendering process. The ratio decidendi is that administrative decisions approved by the competent authority, involving public expenditure and transparent tendering processes, will be permitted by the High Court in its writ jurisdiction.
Key Issues
1. Whether the Petitioner, Shree Saibaba Sansthan Shirdi, should be permitted to implement Resolution No. 308 dated June 13, 2024, for issuing an e-tender for the erection of a new storage building, with an estimated cost of Rs. 11,39,40,000/- (excluding GST). Petitioner's Contention: The Petitioner sought permission to proceed with the e-tendering process for the construction of a new storage building as per the approved resolution. Revenue/State's Contention: The judgment does not record any specific arguments or contentions from the Respondent/State regarding the implementation of the resolution or the e-tendering process.
AI-generated summary — verify with the full judgment below
24ca (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO. 7246 OF 2024 IN PIL/98/2021 SHREE SAIBABA SANSTHAN SHIRDI THROUGH ITS ADMINISTRATIVE OFFICER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY …. Mr Anil S. Bajaj, Advocate for Applicant; Mr A. B. Girase, G.P. for Respondent/State
CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 30th August, 2024 PER COURT:
The Applicant/Shree Saibaba Sansthan, has put forth prayer clause (B), which reads as under :- “(B) The Applicant may kindly be permitted to implement the Resolution No. 308 dtd. 13.06.2024 for issuing E-Tender for erection of new storage building at the open space in Survey No. 124 for which an estimated amount of Rs.11,39,40,000/- (excluding GST) is required to be spent.”
We have perused Resolution No.308. We are informed that E-tendering process for erection of new storage 2024:BHC-AUG:20269-DB
24ca (2) building, would be f
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