Padgilwar Agro Industries Thr Its Partner vs the State of Maharashtra Thr the Secretary and Ors.

This writ petition has been filed by the Padgilwar Agro Industries, which is a partnership firm seeking interference with the tender conditions mentioned in Tender Reference No. MAIDC/ AE/ BBF/2025-26/03 dated 13^th January 2026 followed by the corrigendum dated 28^th January 2026.

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The aforementioned tender notice was issued by the Maharashtra Agro-Industries Development Corporation (in short, MAIDC) inviting bids for manufacture of agricultural implements under the Krishi Udyog Bank.

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On 13^th January 2026, the respondent-MAIDC published four tenders, (i) ID No. 2026_DOA_1268911_1. (ii) ID No. 2026_DOA 1268940_1, (iii) ID No. 2026_DOA_1268948_1, and (iv) ID No. 2026_DOA_1268962_1. Out of four such tenders, the petitioner-Firm

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states that it has submitted its bid for the tender ID No.2026_DOA_1268911_1 relating to manufacturing of Broad Bed Furrow (BBF). The tender conditions required the bidders to (i) enter into a long-term leave and license arrangement at Wardha (ii) undertake contract manufacturing for a period of seven years (iii) accept the mandatory lock-in period of five years (iv) establish manufacturing infrastructure at MAIDC premises (v) submit product samples as part of technical bid, and (vi) furnish security deposit and comply with the recurring rental obligations.

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The petitioner-Firm states that on 24^th January 2026 a detailed representation was addressed concerning all four tenders raising the following issues:

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(i) Observations recorded during the site visit at Fertilizer Factory, Wardha, Plot No. F1 & 2, MAIDC, Near FCI, Wardha, regarding the unused godown at Wardha Factory Shed of approximately 4000 sq. ft. earmarked for each product;

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(ii) Absence of specific demarcation of the said 4000 sq. ft. area for each product manufacturing;

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(iii) The premises being in poor condition, including damaged and broken flooring, four-side open structure, inoperable condition, absence of shutters, and broken roofing at various places with holes likely to result in leakages and hazards during the rainy season,

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(iv) Capital investment implications for the manufacturer,

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(v) Premises-related expenses and recurring rental liability;

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(vi) Additional statutory and labour law compliance requirements at the MAIDC site;

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(vii) Absence of assured quantity commitment in the tender,

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(viii) The long lock-in period and its impact on business

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efficacy; and

(ix) Compulsory attendance at the pre-bid meeting with disqualification for non-attendance.

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On 27^th January 2026, a representation was made to the Principal Secretary, Agriculture Department, Government of Maharashtra, raising issues relating to alleged discriminatory clauses in the tender and violations of State Procurement Rules in all four tenders.

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On 28^th January 2026, MAIDC, through its Deputy General Manager (A.E.), vide Ref. No. MAIDC/AE/EMSC/2025-26/04, issued a Corrigendum extending the bid submission deadline from 28^th January 2026 at 17:30 hours to 10^th February 2026 at 17:30 hours, and rescheduling the technical bid opening from 30^th January 2026 at 11:00 hours to 12 February 2026 at 11:00 hours. Subsequently, on 30^th January 2026, by another Corrigendum, certain modifications were introduced, including: (i) addition of specifications to those originally published on 13^th January 2026; (ii) modification of terms and conditions relating to submission of samples; (iii) alteration of certain tender terms and conditions; and (iv) changes in the experience criteria, particularly concerning BBF.

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As noticed above, the corrigendums were issued by the MAIDC on 28^th January 2026 and 30^th January 2026. The relevant portions of the corrigendum dated 30^th January 2026 are extracted below: “Ref No.: MAIDC/AE/BBF/2025-26/03. Date : 30.01.2026.

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Corrigendum

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Tender Reference Number: MAIDC/AE/BBF/2025-26/03. Tender ID: -2026_DOA_1268911_1 Date: - 13.01. 2026.

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Regarding E-Tender for existing unused factory premises (on an as is where is basis) at Fertilizer Factory Wardha are being offered on a long-term

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lease and license basis, and participated interested manufacturers are invited to submit their commercial proposals for the contract manufacturing of Broad Bed Furrow under Krishi Udyog Brand. The corrigendum is being given as per Pre-bid Meeting request from interested bidders.

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Tender is available on mahatender.gov.in. Bidders are requested to submit the tender as per corrigendum.

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Sr . N	*Tender Point*	*Corrigendum Point*
o.
1	*Annexure A, Sr. No. 14:* Submitted sample received copy of One sample of Product submitted at Wardha Factory on non-returnable basis.	*Annexure A, Sr. No. 14, following* *added lines read with earlier* *sentence.* *Samples will not be returned on* *the following cases:* 1) The bidders qualified technically but sample failed and 2) The sample of L1 Bidder. *Samples may be returned on* *bidders risk & cost the following* *conditions within 2 months from* *date of AOC:* 1) The bidders technically disqualified and 2) Other than L1bidder.
2	*Gen. term & Con. 6 (d):* The interested bidder should not have any previous disputes with the MAIDC in any manner and if so, these disputes should be settled on/or before closure of this tender.	*Gen. term & Con. 6 (d), read as* *under:* The interested bidder should not have been Blacklisted for the disputes With the M.A.I.D.C.
3	*Gen. term & Con.11(b):* Identified Place for the Manufacturing of Tendered Agri equipment for the Maintenance expenditure	*Gen. term & Con. 11(b), following* *added lines read with earlier* *clause.* 4000 Sq. ft. area Demarcation has been Done for the Tendered Agri-Equipment in NIG *ware house*for any additional space or extra size*ware house*area from NSG*ware house (as is where* *basis)* willbe allocated.
4	*Gen. term & Con.3: There shall be a pre-bid meeting* on schedule date at "Krushi Udyog' Bhavan, Aarey Milk Colony, Goregaon (E) Mumbai 400065, at the head office of the _MAIDC. _The attendance should	*Gen. term & Con.3, following* *added lines read with earlier* *clause.*The interested Bidders will not be disqualifies for the reason that he was not attend Pre-Bid Meeting.

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	*be compulsory of interested* *bidders for the pre-bid* *meeting.*
5	Annexure "A" Specifications.	*In Annexure "A" Specifications.* *Following details added.* a) For detailed design specifications, kindly refer to the attached documents for: 1)*BBF Planter (5-* *Row),* b) All the required specifications have been provided. However, if any bidder does not clearly understand or identify any technical specification of any assembly or part, or feels that any specification is missing, the bidder may quote the rates based on their own assumptions, clearly mentioning the same in the *Remarks.* The acceptance or rejection of such assumptions and quoted rates shall be solely at the discretion of the Corporation, without assigning any reason thereof. e) Changes up to the permissible limits shall be accepted. Any changes beyond the permissible limits will needs approval from the Tender Committee.
6	1) Tender document 1^stpage 2^nd Para and 2) Tender document 2^ndpage Sr.No.3 (For BBF 5 row)	3. Online E-Tenders invited for existing factory premises (as is where is basis) at Fertilizer Factory Wardha, Plot No. F1, 2, MIDC, Near FCI, Wardha on a Long-Term Leave & License Basis from reputed and experienced*Tractor Drawn Farm* *Machinery* Manufacturer, Proprietary, Partnership, Private Limited, Limited Firms and Association of Firms, having technical as well as commercial expertise and experience of last 03 years in the field of manufacturing of Tractor Drawn Agri Machinery*and/or*Steel fabrication (2022-23, 2023-24, 2024- 25). CA certified experience certificate must be attached.

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-SD-

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(Suresh Sonavane) Dy. General Manager (AE)”

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The learned counsel for the petitioner-Firm states that the petitioner-Firm submitted its objections to the vague tender specifications and commercial impracticability and lodged similar objections on 24^th January 2026, and 27^th January 2026. The learned counsel for the petitioner-Firm submits that the tender conditions provide illegal stipulations for certain benefits to the successful bidder. The requirement for producing the samples as a part of technical part is not provided in the tender document and there is no mechanism indicated as to return of the product samples. The learned counsel for the petitioner-Firm further submits that such requirement for submitting product samples shall be in violation of the trademarks and copyrights as also the privacy doctrine under Article 21 of the Constitution of India.

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It is contended that the impugned tender violates Rules 166, 170, 173 and 176 of the General Financial Rules, 2017 (GFR 2017) and corresponding State Procurement principles on the ground that the technical specifications of the BBF product are vague, incomplete and not capable of objective compliance, thereby affecting transparency and uniformity in evaluation. It is further stated that the Corrigendum dated 28 January 2026 introduced additional and clarificatory technical specifications subsequent to the representations dated 23^rd January 2026, 24^th January 2026, 27^th January 2026 and 2^nd February 2026 addressed to MAIDC and to the Principal Secretary, Agriculture Department, Government of Maharashtra. The sequence and timing of these corrigenda have been relied upon to contend that the original tender dated 13^th January 2026 contained incomplete and inadequate technical specifications.

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In sum and substance, the petitioner-Firm seeks to challenge the tender conditions on the aforementioned grounds. We, however, do not find any illegality or irrationality in formulating such tender conditions. It is not the jurisdiction of the writ Court to reflect on the tender conditions even if it prima-facie appears to the Court that the tender conditions are not happily worded or could have been formulated in a better manner. This is the discretion of the tendering authority to formulate tender conditions having regard to the nature of work, experience and other relevant factors. The submission that certain illegal benefits are sought to be extended to the successful bidders cannot be countenanced in law. For successful execution of the subject work, it is common knowledge that certain provisions are made and benefits are given to the bidders. If the submission made on behalf of the petitioner is accepted, that would work out against its own interest. As to the submitting product samples, as a part of the technical bid, no exception can be taken by the bidders who profess to execute the work as per the tender conditions.

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We do not find any reason to entertain this Writ Petition, which is, accordingly, dismissed.

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[GAUTAM ANKHAD, J.] [CHIEF JUSTICE]

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Padgilwar Agro Industries Thr Its Partner v. the State of Maharashtra Thr the Secretary and Ors.

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Padgilwar Agro Industries Thr Its Partner v. the State of Maharashtra Thr the Secretary and Ors.

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