1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.5062 OF 2009 Haridas Pralhad Ghumare .. Petitioner Versus State of Maharashtra and others .. Respondents Shri P.M.Shah, Advocate holding for Shri S.P.Shah, Advocate for petitioner Shri N.B.Khandare, Government Pleader for respondents CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 4 th August 2009 PER COURT : 1. This is a petition under Article 226 of the Constitution of India by which the petitioner has prayed for issuance of a writ for quashing and setting aside the impugned communication dated 30.7.2009 issued by respondent No.2. 2 2. By virtue of the aforesaid communication which is impugned in the present petition, the process of issuance of tender has come to a grinding halt and a stay is granted to the resolution of the Government dated 21.7.2009. 3. The facts as are necessary for the decision of this petition may briefly be stated thus. Pursuant to certain directions issued by the Nagpur Bench of this Court, a Government Resolution referred to above came to be passed. The aforesaid Government Resolution deals with the modalities for issuance of tenders in respect of transportation of food grains. It is pointed out to us that pursuant to the said policy decision taken by the Government an advertisement i.e. tender notice came to be issued in the local newspaper dated 21.7.2009 inviting tenders from the eligible Contractors for the said purpose. The tender forms were to be distributed from 16.8.2009 to 30.8.2009 and the tenders were to open on 7.9.2009. By virtue of the aforesaid communication, the entire process of issuance of the tender has come to a standstill. 3 4. The principal ground of challenge as is urged before us by Shri P.M.Shah, learned Senior Counsel for the petitioner is that the aforesaid order has been passed by Deputy Secretary which virtually amounts to stay of the Government Resolution. It is also urged before us that the said order is bereft of any reasons and in the absence of any reasons forthcoming the said action is an arbitrary action and liable to be struck down. It is further stated that this has been done as a ploy or on account of political interference. The learned Government Pleader appearing on behalf of the respondents has urged for dismissal of the petition on the ground that the petitioner has absolutely no locus nor any right to file the present petition assailing the order by which the tender process has been postponed until further orders to be issued by the Government. 5. A perusal of the impugned order clearly discloses that the Government has postponed the process of issuance of the tender until further orders and the Government Resolution dated 21.7.2009 has also been stayed. This impugned order has been issued by the Deputy Secretary but obviously not in his own capacity but as an order of the 4 Government. Assuming that the tender notice is indeed been published, it would be within the domain of the authorities whether to proceed with the tender notice or recall the tender notice. This is precisely what has been done by the Government in staying the further process of tender. The petitioner has absolutely no legally enforceable right to file the present petition and for questioning the stay granted and to urge before us for quashing and setting aside the said order. In any event, granting relief to the petitioner would amount to directing the Government to proceed with the issuance of the tender notice when in the facts of the case the Government feels it expedient not to proceed further with the same. 6. In the light of the fact that the petitioner has no legally enforceable right, we find no merit in the petition and the same is, therefore, summarily dismissed with no order as to costs. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) vvr/5062.09wp 5