Allowed

Amol Himmatrao Patil and Others v. the State of Maharashtra and Others

Bombay HC10 Aug 2016WP/6403/2016

Case brief

AI extract

What is this about?

This writ petition challenged a stay order issued by the State Minister, allegedly on a copy of an irregularities complaint. The Court dismissed the concern about the Minister's inaction and the petition was allowed, quashing the stay to enable the Municipal Council to proceed with the auction.

What did the court decide?

The staing order of 21.10.2015 staying the auction proceeding is quashed and set aside. The Municipal Council is directed to conclude the auction proceeding.

Amol Himmatrao Patil and Others Vs the State… — Public Procurement and Tenders | Bombay HC (2016)

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wp6403.16.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO. 6403 OF 2016

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1 Amol s/o Himmantrao Patil age 35 years, occ. Business r/o Rammandir Chowk, Parola Dist. Jalgaon

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2 Raju s/o Onkar Bhoi age 42 years, occ. Small business r/o Amalner Road, Parola, Dist. Jalgaon

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3 Shubham s/o Sunil Vishpute age 27 years, occ. Business r/o c/o Milind Vishpute Kotar Galli, Parola, Dist.Jalgaon .. PETITIONERS

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VERSUS 1 The State of Maharashtra 2 The Hon'ble Minister Urban Development Department, Mantralaya, Mumbai 32.

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3 The Municipal Council, Parola Tq. Parola, Dist. Jalgaon Through its Chief Officer .. RESPONDENTS

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Mr. B.R. Waramaa, advocate for petitioners. Mr. A.R. Kale, AGP for the State. Mr. P.B. Patil, advocate for respondent no. 3. =====

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CORAM : R.M. BORDE & K. L. WADANE, JJ. DATE : 10^th AUGUST, 2016.

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ORAL JUDGMENT : ( PER R. M. BORDE, J. )

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Rule. Rule made returnable forthwith.

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Heard finally with the consent of learned counsel for the respective

wp6403.16.doc

parties.

Auction proceeding in respect of allotment of shops constructed by the Municipal Council on lease basis has been stalled by virtue of stay order issued by the State Minister for Urban Development on 21.10.2015. The State Minister appears to have intervened on the basis of complaint tendered by Member of the Parliament. The Member of Parliament has made complaint about irregularities in conducting the auction proceedings. It is also contended that there is likelihood of sustaining financial loss by the Municipal Council. Inspite of issuing order of stay in the year 2015, nothing has been done by the Hon'ble Minsiter in the matter thereafter. We do not find any justification for staling the auction proceeding initiated by respondent no. 3 – Municipal Council. If at all, after conducting auction proceeding any irregularities or illegalities are noticed, it would be open for the concerned parties to raise challenge after conclusion of such proceeding.

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With liberty as aforesaid, writ petition deserves to be allowed and the same is accordingly allowed. Impugned order passed on 21.10.2015 staying auction proceeding stands quashed and set aside. It would be open for the Municipal Council to conclude the auction proceeding. Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs.

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( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE dyb

Amol Himmatrao Patil and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Amol Himmatrao Patil and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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