In PIL No. 5944 of 2019, the petitioner challenged a contract awarded to private companies for building bus bodies. The Court observed the petition was raised post-award and completion and the petitioner did not approach the corporation first.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INT. LITIGATION ST.NO.5944 OF 2019
Maheshkumar Kamble .. Petitioner Versus State of Maharashtra & Ors. .. Respondents
Mr. Manish Kale for petitioner Mr. M.M.Pabale AGP for State.
CORAM : N.H.PATIL, C.J. & N.M.JAMDAR, J. DATE : 22nd March 2019.
P.C.
Learned Counsel for petitioner states that the contract given by Maharashtra State Road Transport Corporation to two private companies for building bodies on the chasis of buses ought not to have been given as the State Transport has its own workforce and necessary infrastructure.
2] The advertisement for the said work was issued in the
year 2016 and the execution of contract was done in 2017.
3] The Counsel for petitioner submits that after such
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contracts were executed and the works carried out the buses are plying on road. It is apprehended that this practice would go on and the workforce of State Corporation will not be used for the cause.
4] Perused the record. It seems that the issue is raised after the contracts were awarded and the work completed. However, in respect of the subject matter the petitioner has approached this Court without making proper representation to the State Road Transport Corporation.
5] If in future similar cause of action arises, the petitioner is at liberty to take appropriate steps as advised. Petition disposed of.
(CHIEF JUSTICE)
(N.M.JAMDAR, J)
2 issues framed by the court
Whether a public interest litigation regarding contract awarded to private companies for bus chassis conversion can be entertained after contracts were awarded and work completed.
Whether the petitioner must make proper representation to the State Road Transport Corporation before approaching the Court regarding the subject matter.
Maheshkumar Kamble
State of Maharashtra
N.H.Patil
N.M.Jamidar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
