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WRIT PETITION NO.4761 OF 2024

High Court: Bombay High Court Bench: BOMBAY
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2026-10-22 21:44:51
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Issue of Consideration

Whether Respondent No.6 was ineligible to participate in the tender process for allotment of warehouses and whether the petitioner's bid was entitled to consideration.

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Case Details

2025 LawText (BOM) (06) 17

WRIT PETITION NO.4761 OF 2024

2025-06-19

Alok Aradhe, CJ and Sandeep V. Marne, J.

2025:BHC-OS:8973-DB

Aseem Naphade, Chaitra Rao, Meera Parmar, Jatin Sheth, Kevic Setalwad, Mohit P. Jadhav, Amar Mishra, Rahul Gaikwad, Nitin Jagtap, Dewang Mhatre, Pavan Patil

Nitin Laxmidas Dama

State of Maharashtra, Commissioner Dairy Development Department, Dy. Commissioner, Dy. Secretary, CEO Aarey Milk Colony, Nyraa Entertainment

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Nature of Litigation

Writ Petition under Article 226 of the Constitution of India challenging the eligibility of Respondent No.6 in a tender process for lease of warehouses and seeking a writ of mandamus for consideration of the petitioner's bid.

Remedy Sought

The petitioner sought a declaration that Respondent No.6 is ineligible in the tender process and a writ of mandamus directing Respondents 1-5 to consider the petitioner's bid for seven warehouses allotted to Respondent No.6.

Filing Reason

The petitioner filed because Respondent No.6 was allegedly ineligible to participate in the tender for warehouse leases, and the petitioner's bid was not considered despite being otherwise qualified.

Issues

Whether Respondent No.6 was ineligible to participate in the tender process for allotment of warehouses?

Judgment Excerpts

The Petitioner has filed the present petition invoking jurisdiction of this Court under Article 226 of the Constitution of India seeking declaration of ineligibility of Respondent No.6 in the tender process initiated by Respondent Nos.1 to 5 for allotment of warehouses on lease for a period of 30 years. Respondent Nos.1 to 5 floated tender vide Notice dated 24 July 2024 for grant of lease in respect of 16 warehouses and one Central Store Office for a tenure of thirty years.

Procedural History

Petition filed on unspecified date, heard on 13 June 2025, judgment reserved and pronounced on 19 June 2025.

Acts & Sections

  • Constitution of India: Article 226
  • Indian Partnership Act, 1932:
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tender warehouse lease bid challenge Article 226 eligibility criteria writ of mandamus

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