1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3804 OF 2009 (Giridhar s/o Laxmandas Harwani vs. State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : JANUARY 31, 2011 Heard Shri Qazi, learned Counsel for the petitioner, Shri Fulzele, learned Assistant Government Pleader for the respondent no.1, and Shri Kaptan, learned Counsel for the respondent no.2. The grievance of the petitioner is in respect of allotment of work under contract by the respondent no.2 in favour of respondent no.3 by executing agreement dated 25/2/2009 . Shri Qazi, learned Counsel for the petitioner, states that contract was for the period of one year, i.e. 2009-10. It is submitted that tender 2 submitted by the respondent no.3 was below the upset price and, therefore, same is not sustainable in law. It is not in dispute that even if the tender submitted by the tenderer was below the upset price, that by itself cannot be a ground to either dislodge the claim of such tenderer or keeping him out of consideration. In any case the contract was for the period 2009-10, which is already over. No case is made out for showing indulgence. The petition is dismissed. JUDGE JUDGE khj 3