-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.9078 OF 2007 NO.9078 OF 2007 NO.9078 OF 2007 Laxman Sopan Lokhande ...Petitioner v/s The State of Maharashtra and ors. ...Respondents Mr S.S. Shah for Petitioner. Mr V.A. Sonpal, AGP for Respondents. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 4TH AUGUST 2008. -2- P.C. :- 1. The petitioner, by this petition, challenges the auction held for excavation of sand on 12th December 2007. The case of the petitioner is that he was the highest bidder in the said auction. For making out his case that his bid was finally accepted, it is necessary for the Court to go through the terms and conditions of the tender, but the petitioner has chosen not to file the said terms and conditions of the tender. The case of the respondents is that the petitioner’s bid was not accepted and that he did not deposit the earnest money. In our opinion, the petition filed by the petitioner is incomplete, the rights of the parties are to be worked out on the basis of the law on which is applicable and the terms and conditions of the tender. The petitioner could not have filed the petition without enclosing the terms and conditions of the tender. It goes without saying that such an incomplete petition cannot be entertained. Unfortunately, the petitioner has secured interim relief on the basis of such an incomplete petition, as a result of which the contract for excavation of sand could not be given by the Government. In our opinion, therefore, the learned Assistant Government Pleader is justified in seeking liberty to -3- take action against the petitioner recovery of for the loss suffered by the Government. 2. Petition is rejected. The respondent - Government is at liberty to take appropriate action for recovery of any loss that may have been suffered by the Government against the petitioner. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)