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Synopsis

The Bombay High Court on Wednesday reserved its judgment in the petitions challenging the tender floated by the Maharashtra government for the distribution of subsidized food kits to 1.7 crore beneficiaries under the Anandacha Shidha Scheme for the Ganesh Chaturthi festival.

The scheme was introduced by the state government for the distribution of subsidized food kits at Rs. 100 during Diwali. Later, the scheme was extended for the festival of Gudi Padwa. Now, the state government has announced that the scheme will also be made available during the Ganesh Chaturthi festival.

Under the scheme the government will distribute one kilogram each of rava (suji), chana dal, and sugar, along with one liter of soybean oil.

The division bench of the high court, comprising Chief Justice Devendra Upadhyay and Justice Amit Borkar, was hearing the petition filed by bidders Indo Allied Protein Foods Pvt Ltd, Gunia Commercials Pvt Ltd, and Kendriya Bhandar. 

The petitioners challenged the tender conditions, particularly the requirement for bidders to have 70 distribution units and 300 laborers per work order.

Advocate General Birendra Saraf, appearing for the state government, submitted that the condition was necessary as only a month was left before the Ganesh Chaturthi festival, and the government wanted to ensure that there would be no delay on the part of the successful bidder.

"Considering the short term nature of the contract this tender is prepared. The intention is that it should reach the common man before ganpati. It cannot be said that the requirement of manpower or the workforce is alien. We have experienced in the past that there was a delay. There is no point to give after ganpati," AG said.

Saraf informed the bench that the condition was added to ensure that the food kits would timely reach 1.7 crore beneficiaries across 900 talukas. He added that the kits were supposed to be delivered to 52,500 shops.

During the hearing, the bench questioned the AG and asked "is it a condition that they will be supplying after packaging? Why the requirement of 70 different places. They may have 1 or 2 packaging units. The requirement is not that they should have 300 workforce. The requirement is having an experience of the workforce," the bench said.

Saraf responded to the bench and said that the condition was added only to ensure that the best suitable person who is capable of performing the work is allotted the tender.

After hearing both the parties at length, the bench reserved the judgement. 

The bench indicated that the judgement would be pronounced in Monday.