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Synopsis

The Bombay High Court has dismissed 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 division bench of the high court comprising Chief Justice Devendra Upadhyaya and Justice Amit Borkar pronounced the judgement today after reserving it on Friday. 

The petitions 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. 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.