1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No. 5612 of 2007 (Haribhau Kashinath Gulhane .vs. State & Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : D.D.Sinha and Mrs. Vasanti A. Naik, JJ. DATE : January 29, 2008. Heard Mr. F.T.Mirza, Adv. for the Petitioner and Mr.Thakre, Assistant Government Pleader for the Respondents. Petitioner has invoked the extra-ordinary jurisdiction of this Court for quashing the tender notice dt. 30.3.2007 issued by the respondent no.3 i.e. Executive Engineer, Public Works Department, Pusad being against public policy and not in the interest of common man. This Court has issued notice before admission and pursuant to that, the respondent nos. 1 to 3 have filed their affidavit-in-reply dt. 14.12.2007. In para four of the said reply, it is stated that the map which the respondent no.1 has annexed with the affidavit shows that on Karanja-Darwha-Yavatmal road three different works are being undertaken i.e. from Km. 107/00 to 124/300. The Assistant Government Pleader has submitted that the chart which is the part of the map makes it clear that there are three different works carried out under three 2 different programmes; the first work is the work of improvement of Karanja-Darwha-Yavatmal road (State Highway 212) Km.107/00 to 123/00 carried out under the 12th Finance Commission 2006/2007. The said work include the work of laying of 75 mm B.B.M. on the Karanja-Darwha-Yavatmal road (S.H. 212) km 107/00 to 120/2000. It also includes the work of hot mix hot laid premix seal coat of the same length. The Assistant Government Pleader further contended that, in para 5 of the said affidavit, it is specifically mentioned that the second work of improvement of Karanja-Darwha-Yavatmal road is within the additional non-plan programme 2005-06 which includes W.B.M. widening of road at 122/400 to 122/825 and laying 75 mm thick B.B.M. layer at Karanja-Darwha-Yavatmal road km. 122/400 to 122/800. It is contended that, in para 6 of the said affidavit, it is mentioned that the third project is for improvement of Karanja- Darwha-Yavatmal road under the C.R.F. (Central Road Fund) Programme 2006-07 which includes various types of works on various phases and which also includes widening by W.B.M. laying down of 75mm thick B.B.M. layer, cement concrete drain, foot-path, road median laying from 121/500 to 124/300. It is contended that the C.R.F. programme 2006-07 is implemented on that portion which is excluded by additional non-plan programme 2005-06. In the said affidavit there are other aspects which are also mentioned regarding the nature of work which is undertaken under the 3 relevant tender. Counsel for the petitioner, after considering the above referred affidavit filed on behalf of the respondent nos. 1 and 3 including the map and the chart which is part of the map, does not dispute that the above referred three different works are undertaken by the respondents by floating three different works. After considering the contentions canvassed by the respective counsel as well as after perusal of the affidavit and the map placed on record, we are of the view that the apprehension expressed by the petitioner that the respondents are spending money for the works which is already completed and for no rhyme or reason the tenders were invited to carry out same work is not correct and therefore, there is no need to keep the present Public Interest Litigation pending. Hence, the same is disposed of. In view of this order, the Civil Application No.584 of 2008 for intervention is also disposed of. JUDGE JUDGE ssj