1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.4771 OF 2009 Mahesh s/o Omprakash Holani .. Petitioner Versus The State of Maharashtra and others .. Respondents Shri S.G.Chapalgaonkar, Advocate for petitioner Shri K.B.Choudhari, AGP for respondent No.1 Shri P.S.Agrawal, Advocate for respondent No.3 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 23rd July 2009 PER COURT : 1. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ of mandamus directing respondent No.2 to reject the tender of respondent No.3 as invalid and proceed to consider the claim of other eligible bidders for grant of tender under notice dated 6.6.2009 issued by respondent No.2. 2. Undisputedly, the respondents have not taken any decision in respect of the tender of respondent No.3 as to whether the respondent No.3 is rendered ineligible or whether there are various infirmities which are pointed out by the petitioner in this petition. Neither the tender of respondent No.3 has been accepted nor any work order is issued to 2 respondent No.3. In the light of that this petition is completely premature. Issuance of writ would amount to not only interference in the process of arriving at a decision but would amount scuttling the entire process. We are, therefore, not inclined to interfere in this petition. This petition which is sans merit is summarily dismissed with no order as to costs granting liberty to the petitioner to file a writ petition in the event cause of action arises for the petitioner to do so. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) vvr/4771.09wp