Writ petition challenging mandatory geo-tagging conditions in a tender. Court dismissed petition for non-exhaustion of remedies and jurisdictional mismatch between issuing departments.
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2024:BHC-NAG:10499-DB
912-WP-5524-2024.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 5524 of 2024
Santosh Shamdeo Lanjewar
vs.
Municipal Council, Tumsar, through its Chief Officer
Mr K.S.Motwani, Advocate for petitioner.
CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 20th SEPTEMBER, 2024
P. C.
Mr. Motwani, counsel appearing for the petitioner has raised two
fold contentions (a) that even if in the tender the condition of Geo-
tagging of the spot, where the civil work to be executed, is made
mandatory, however the spot is not disclosed in the tender and (b) vide
Government Resolution dated 14.06.2024 the mandatory condition of
Geo-tagging is relaxed.
2.As far as the aforesaid contentions are concerned, the petitioner is
seeking issuance of mandamus and as such, it is mandatory for the
petitioner to approach before the authority concerned for seeking
redressal of his grievances which he failed to do so.
3.Apart from above, the factual matrix of the matter is not reflected
in the Government Resolution dated 14.06.2024 as the same is issued by
the Water Resources Department and not by the Urban Development
Department.
4.That being so, there is no substance in the petition. The same
stands dismissed. No costs.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)
Andurkar..
2 issues framed by the court
Whether the petitioner approached the concerned authority before approaching the High Court.
Whether the Government Resolution dated 14.06.2024 issued by the Water Resources Department is applicable to the Urban Development Department.
Santosh Shamdeo Lanjewar
Municipal Council, Tumsar, through its Chief Officer
Nitin W. Sambre
Abhay J. Mantri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court