Case Note & Summary
The petitioner, Bhupendra Govindrao Jadhav, filed a writ petition before the Bombay High Court at Aurangabad seeking a mandamus directing the respondent authorities to decide his objection dated 04.09.2023 regarding the non-application of a 10% increase on basic rates for hilly areas in e-tender works bearing Nos. 17, 18, and 22. The petitioner participated in these short period e-tenders issued by the Public Works Department. He contended that the authorities failed to undertake rate analysis and did not add 10% on basic rates as mandated by the State Scheduled Rates (SSR) and Government Resolution dated 18.01.2010, which identifies Tahsil Shirpur and Sakri of Dhule district as hilly areas. The petitioner argued that the approximate value of works was determined without considering the hilly area allowance. The respondents, represented by the Assistant Government Pleader, opposed the petition. The court, after hearing both sides, observed that the petitioner's objection raised a legitimate issue regarding the applicability of the hilly area rates. The court held that the authorities must consider and decide the objection before proceeding with the tenders. Accordingly, the court issued a writ of mandamus directing the respondents to decide the petitioner's objection within four weeks from the date of the order. The petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty to Consider Objection - The petitioner participated in e-tenders and raised an objection on 04.09.2023 regarding the non-application of 10% increase on basic rates for hilly areas as per SSR and Government Resolution dated 18.01.2010 - The court held that the authorities must decide the objection before proceeding further with the tenders - Held that a writ of mandamus is issued directing the respondents to decide the objection within four weeks (Paras 1-3).
Issue of Consideration
Whether the respondent authorities are obligated to consider the petitioner's objection regarding the non-application of 10% increase on basic rates as per State Scheduled Rates for hilly areas in the tender process.
Final Decision
The court issued a writ of mandamus directing the respondent authorities to decide the petitioner's objection dated 04.09.2023 within four weeks from the date of the order. The petition was disposed of with no order as to costs.
Law Points
- Writ of mandamus
- State Scheduled Rates
- Hilly Area Development Programme
- Government Resolution dated 18.01.2010
- Rate Analysis
- Approximate value of works
- E-tender
- Objection consideration
