1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7620 OF 2009 The Suparibaug Central Consumer Cooperative Society Ltd. : Petitioner. Versus The State of Maharashtra & ors. : Respondents. Mr. M S Karnik for the Petitioner Mr. A B Vagyani, AGP, for the Respondent No.1. Mr. Mandar Limaye for the Respondent No.2. Mr. A A Garge for the Respondent No.3. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 12th October 2009 P.C. 1. Rule. With consent of the parties made returnable forthwith. Heard the learned counsel for the parties. 2. A short question thar arises in the above Petition is, whether the Respondent No.3 herein could have been awarded the work in question which was advertised by the Respondent No.2 by the tender notice dated 15th July 2009. The tender in question was for the supply of the shoes, socks and note books. It is an undisputed fact that the Respondent No.3 did not participate in the tender, but has been awarded 2 the work in question. The said allotment of work is sought to be justified by the Respondent No.2 by placing reliance on the Government Resolution dated 23rd May 2007. Reading of the said Government Resolution discloses that the Respondent No.3 can only be given priority/preference. The same cannot be read to mean that without participation in a tender process, the Respondent No.3 can be allotted the work in question. 3. In our view, therefore, the reliance placed by the Respondent NO.2 on the said Government Resolution is misplaced, in view of the fact that the Respondent No.3 has not been participated in the tender. In our view, the interest of justice would be met if the allotment of the work to the Respondent No.3 is set aside and the Respondent No.2 is directed to carry out fresh exercise by inviting tenders by following the procedure. The award of the work to the Respondent No.3 is accordingly set aside. However, it would be open for the Respondent No.3 to participate in the fresh tender process. 4. Rule is accordingly disposed of in the aforesaid terms. [R.M.SAVANT, J] [S.B.MHASE, J]