1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.449 Of 2009 Shri.Sai Transport and Couriers Pvt.Ltd.Company, having its office at 1st floor, 1, Kushal Nagar, Jalna Road, Aurangabad, Through its Managing Director, Sunil Devkinandan Zawar, Age-43 years, Occu-Business, R/o.Jalgaon, Tq. And Dist. Jalgaon PETITIONER VERSUS 1. The State of Maharashtra Through Ministry of Transport, Excise and Home Department, Mantralaya,Mumbai, Through the Principal Secretary, 2. The Maharashtra State Road Transport Corporation, Vahatuk Bhavan, Dr.Anandrao Nair Marg, Mumbai Central Mumbai – 400 008 Through its Managing Director 3. Vasant S.Bachhav, Age-Major, Occu-General Manager (Traffic), The Maharashtra State Road Transport Corporation, Vahatuk Bhavan, Dr.Anandrao Nair Marg, Mumbai Central Mumbai – 400 008. 4. M/s.Joshi Freight Carriers, Beside Hotel Residency Park, 2 Agra Road, Dhule, Through its Proprietor, Shri.Anil Viharila I Joshi, Age-Major, Occu-Business, R/o.Agra Road, Dhule Dist : Dhule 5. M/s. S.K.Transline, First Floor, Sureshdada Jain Complex, Ajanta Road, Jalgaon, Tal. And Dist. Jalgaon RESPONDENTS Mr.Amol S.Sawant, learned counsel for petitioner. Mr.V.H.Dighe, learned AGP for respondent no.1 Ms.R.D.Reddy, learned counsel for respondent no.2 and 3 Mr.Mukul Kulkarni, learned counsel for respondent no.4 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 29/08/2009 PER COURT : 1. This is a petition under Article 226 of The Constitution of India by which the present petitioner challenges the process of opening of the tender of the tenderers and on the ground that the process has violated norms and conditions as mentioned in the tender document. According to the petitioner, the tender of respondent no.4 ought not to have been accepted as respondent no.4 was ineligible. It appears that the petition had been filed namely W.P. No.392/2008 before the Nagpur Bench of this Court. The order passed by the Division Bench of this Court at Nagpur in W.P. No. 392/2008 was carried to the 3 Supreme Court by filing Special Leave Petition. The respondents have placed copy of order of the Supreme Court on record. It appears that the Supreme Court granted leave and accordingly permitted M/s.Baba Trading Co.Latur to continue as a licensee to the period ending 30/09/2009 on payment of certain amount in 12 monthly installments. The Supreme Court further directed that the respondent no.6 M/s.Joshi Freight Carriers would be given the license for subsequent 2 years i.e. period ending on 30/09/2011 at the rates specified in the said judgment of the Supreme Court which amount was payable in 12 monthly installments. The Supreme Court also directed that the earnest money, if any, deposited by respondent no.6 shall be returned to be re-deposited by 01/10/2009. It is undisputed before us that the respondent no.6 M/s.Joshi Freight Carriers who was respondent before the Supreme Court is respondent no.4 in the present petition. In the light of the fact that the entire controversy stands concluded by the decision of the Supreme Court. The eligibility of present respondent no.4 can not be re-opened in this petition. We thus see no merits in this petition and dismiss the petition with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp449-09 4