1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.5613 OF 2010 Vinodkumar Kantilal Mugdiya ..PETITIONER VERSUS The State of Mah. & ors. ..RESPONDENTS Mr Mukul Kulkarni, Advocate holding for Mr S.P. Shah for the petitioner; Mr S.K. Kadam, A.G.P. for respondent - State CORAM : P.V. HARDAS AND N.D. DESHPANDE,JJ. DATE : 28th June, 2010 PER COURT : The petitioner by this petition under Article 226 of the Constitution of India seeks to challenge certain conditions of the tender issued by the respondents. 2. Undisputedly, the petitioner has not purchased a tender document nor is he a tenderer. The petitioner intends to purchase a tender document, but in the light of the conditions of the tender document, the petitioner cannot submit the tender. Even otherwise, the terms of tender issued by the respondents are not available for judicial review. This Court cannot sit as an appellate authority over the conditions imposed by the respondents while issuing the tender notice. The petitioner is not a tenderer nor has he purchased the tender document. The petitioner has, therefore, apart from the maintainability of the petition, no right to 2 question the conditions of the tender. Writ Petition is, therefore, summarily dismissed with no order as to costs. (N.D. DESHPANDE, J.) ( P.V.HARDAS, J.) amj/wp5613.10