Bombay High Court Hears Writ Petition Seeking Cancellation of Tender for Integrated Surveillance and City Operations Platform. Petitioner challenges work order issued to respondent on grounds of alleged non-compliance with pre-qualification criteria regarding turnover.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The petitioner filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, challenging the tender process conducted by Nashik Municipal Smart City Development Corporation Limited for implementation and maintenance of Integrated Surveillance and City Operations Platforms (ISCOP) for the Emergency Operation Center in Nashik. The tender was issued on 5 July 2022 with a completion timeline of twelve months from the work order. The pre-qualification criteria required bidders to have an average annual turnover of minimum Rs.35 crores in the preceding five financial years, to be proved through audited statements or a certificate from a Chartered Accountant. Several bidders participated. The petitioner sought termination of the work order dated 29 December 2022 issued to Respondent No.3, cancellation of the entire tender process, appointment of an appropriate enquiry committee to investigate the tender process, and recovery of amounts paid to Respondent No.3. The court heard the matter on 13 June 2025, but the judgment text provided is truncated, preventing extraction of the court's analysis, reasoning, or final decision on the prayers.

Headnote

A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Petitioner filed writ petition seeking termination of work order dated 29 December 2022 issued in favour of Respondent No.3, cancellation of the tender process for Integrated Surveillance and City Operations Platforms, appointment of an enquiry committee, and recovery of money - Petitioner contended non-compliance with pre-qualification criteria, particularly the requirement of average annual turnover of Rs.35 crores in the previous five financial years, supported by audited statements or a Chartered Accountant's certificate - No final judgment is included in the extracted text (Paras 1-2).

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Issue of Consideration

Whether the work order dated 29 December 2022 and the tender process for Integrated Surveillance and City Operations Platforms should be terminated; whether an enquiry committee should be appointed; and whether money paid to the successful bidder should be recovered.

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Law Points

  • Judicial review of tender process under Article 226
  • pre-qualification criteria compliance
  • challenge to work order and tender cancellation
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Case Details

2025 LawText (BOM) (06) 109

Writ Petition No.867 of 2024

2025-06-13

Chief Justice and Sandeep V. Marne, J.

2025:BHC-AS:23584-DB

Mr. Ashutosh Kulkarni i/b. Mr. Susmit S. Phatale for Petitioner; Mr. Vishwajit Sawant, Senior Advocate with Mr. M.L. Patil and Mr. Nikhil Patil for Respondent Nos.1 and 2; Mr. Gaurav Joshi and Mr. Ashish Kamat, Senior Advocates with Mr. Jaideep Singh Khattar, Ms. Trisha Desai, Mr. Huzan Bhamgura and Ms. Janhavi Kalpesh Pise i/b. M/s. The Fort Circle & Solicitors for Respondent No.3.

Hemant Ashar

Nashik Municipal Smart City Development Corporation Limited and Ors.

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging a public tender process and seeking cancellation of the work order issued to the successful bidder.

Remedy Sought

Petitioner sought termination of the work order dated 29 December 2022 issued to Respondent No.3, cancellation of the tender process, appointment of an enquiry committee to investigate the tender, and recovery of money paid to Respondent No.3.

Filing Reason

Petitioner alleged non-compliance with the pre-qualification criteria in the tender, specifically regarding the minimum turnover requirement.

Issues

Whether the tender process for ISCOP and the work order dated 29 December 2022 are liable to be terminated due to alleged irregularities? Whether an appropriate enquiry committee should be appointed to investigate the entire tender process? Whether the money paid to Respondent No.3 under the work order should be recovered?

Judgment Excerpts

Petitioner has filed the present Petition seeking termination of work order dated 29 December 2022 issued in favour of Respondent No.3 and for cancellation of the tender process. Respondent No.1-Nashik Municipal Smart City Development Corporation Ltd. issued E-Tender for a proposal for implementation and maintenance of Integrated Surveillance and City Operations Platforms (ISCOP) for Emergency Operation Center (EOC) in Nashik on 5 July 2022.

Acts & Sections

  • Constitution of India: Article 226
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