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Bombay High Court

SHREE SAI BABA SANSTHAN TRUST SHIRDI THROUGH ITS EXECUTIVE ENGINEERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court allowed the civil application, finding no difficulty in permitting the issuance of the e‑tender under the resolution.

Summary

Shree Sai Baba Sansthan Trust, through its Executive Engineer, filed a civil application seeking the High Court's permission to implement Resolution No.192 dated 02‑06‑2026, which authorises the issuance of an e‑tender for the annual maintenance contract of 23 diesel generator sets and 5 occasional‑use diesel generator sets, with estimated costs of Rs.68,05,146 and Rs.5,85,705 respectively. The Trust argued that the resolution, passed by the Adhoc Committee of the Sansthan, is necessary for proper maintenance of its assets. The State of Maharashtra opposed, contending that the court’s intervention was unnecessary. The Court examined whether there was any legal impediment to granting such permission. Finding none, the Court held that there was no difficulty in allowing the application and granted the relief sought in the prayer clause (B). The civil application was therefore allowed.

Issues considered

  • Whether the High Court can grant permission to implement a resolution authorising an e‑tender for the annual maintenance of diesel generator sets.

Subjects

  • e‑tender
  • public procurement
  • civil application
  • annual maintenance contract
  • diesel generators
  • court permission

Judgment

2026:BHC-AUG:44620-DB
                                                                                  28-(ii).CA.11218.2026.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD
                                 CIVIL APPLICATION NO. 11218 OF 2026
                                            IN PIL/98/2021
                                   Shree Sai Baba Sansthan Trust Shirdi
                                     Through its Executive Engineer
                                                 VERSUS
                                        The State of Maharashtra
                                                    …
               Mr. Anil S. Bajaj , Advocate for the Applicant.
               Mr. K. N. Lokhande, AGP for the Respondent-State.
               Mr. Ajinkya Kale h/f. Talekar & Associates, Advocate for the Petitioner in
               PIL.
               Mr. V. D. Hon, Senior Advocate i/by Mr. Ashvin V. Hon, Advocate for
               Respondent No.14 in PIL.             …
                                                 CORAM : KISHORE C. SANT &
                                                         JITENDRA JAIN, JJ.
                                                 DATE         : 28th SEPTEMBER, 2026
               PER COURT :

               1.       Heard learned advocates for applicant and respondent.

               2.       This civil application is moved seeking permission of this Court

               for implementation of Resolution No.192 dated 02.06.2026, pursuant to

               the Proposal No.15 passed by the Adhoc Committee of the Sansthan.

               The Resolution is passed to issue E-Tender for Annual Maintenance

               Contract (AMC) of 23 diesel generator sets and 5 diesel generator sets

               which      are   used   only   occasionally.     The   estimated       costs         are

               Rs.68,05,146/- and Rs.5,85,705/- respectively.

               3.       Looking at the object and purpose, this Court does not find any

               difficulty in allowing the civil application. Civil Application is allowed in

               terms of prayer clause (B).


                    (JITENDRA JAIN, J.)                            (KISHORE C. SANT, J.)
               Sayyed                                                                                         1/1


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