1112wp3877.09.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3877 OF 2009 AND CAW NO. 2649/2009 IN W.P. NO. 3877 OF 2009 (PRASHANT AJABRAO DHOTE & 3 OTHERS VS. STATE OF MAH. & ANOTHER) ---------------------------------------------------------------------------------------------------------------------------- Mr. A. H. Lohiya, Advocate for the petitioners. Mrs. B. H. Dangre, Addl. Govt. Pleader for respondents. ---------------------------------------------------------------------------------------------------------------------------- CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 11th DECEMBER, 2009. P. C. : 1. Civil application No. 2649 of 2009 is moved by the petitioners seeking permission to implead M/s A.S.I.P. Pvt. Ltd. as party respondent. 2. Considering the contentions canvassed by the respective Counsel, the application is allowed. Appropriate amendment be carried out forthwith. 3. Learned Counsel for the petitioner orally seeks permission to implead Chief Executive Officer, Zilla Parishad, Wardha as party respondent. 4. The request being not objected to by the learned Counsel for the respondents, permission is granted. Necessary amendment be carried out forthwith. 5. Issue notice to both the added respondents returnable on 08/01/2010. 6. Heard learned Counsel for the respective parties. 7. The main grievance in the present petition is the manner in which the public contracts are given by the respondents in respect of development works pertaining to construction of roads, bridges, culverts, etc. amounting to Rs. 100 of lacs without specifying the nature of work, without giving details about the measurement of the roads in kilometers and other details in the tender notice, etc. 1112wp3877.09.odt 2/3 8. We have perused tender notice No. 7/2009-2010 dated 01//7/2009. Learned Additional Government Pleader appearing for the respondents brought to our notice that the said tender notice was issued whereby the bids were invited for construction of internal roads in rural area of Deoli and Wardha tahsils at item No. 1. The total estimated amount allocated for this work is about Rs. 400 lac. We are really surprised to see the tender notice which does not specify the specific location of the roads, size of the roads i.e. length and width, total kilometers, etc. We are equally surprised in absence of this data how some contractors have submitted their bids. In the normal course, without knowing the length of roads to be constructed, it is impossible to submit the bid. However, it is brought to the notice of this Court that pursuant to the tender notice, three bids were received by the department out of which one is finalized in favour of M/s. A.S.I.P. Pvt. Ltd., Wardha. 9. The Apex Court time and again has expressed that though it is a domain of the State Government and the department to formulate terms and conditions of the tender document, however, it should be absolutely unambiguous, totally clear and should attract maximum participants from the general public. In the present case, in absence of material details, we are prima-facie of the view that the department has curtailed the competition at the threshold itself. At the same time, on what basis the contractors have submitted the bids is difficult to understand, and therefore, we direct respondent No. 2 to file comprehensive affidavit on these points within a period of four weeks from today. 10. Place the matter on 08/01/2010. 11. Authenticated steno-copy of this order be furnished to the parties. JUDGE JUDGE 1112wp3877.09.odt 3/3 wwl