Bombay High Court

GRAMPANCHAYAT MOHADI THR ITS EX SARPANCH JALGAONversusSHRISHRI INFRASTRUCTURE PRIVATE LIMITED THR ITS AUTHORIZED DIRECTOR AND ORS

Disposal: DISPOSED OFF

Holding

The Court held that the authority's decision to recall the tender and issue a fresh one is within its discretion, and therefore the writ petition was disposed.

Summary

ShriShri Infrastructure Private Limited filed a writ petition seeking amendment of a tender process, alleging that the State of Maharashtra had improperly recalled the tender. The Executive Engineer submitted an affidavit stating that the authorities, after considering technical difficulties and a vigilance committee report, decided to recall the tender and re‑issue a fresh one within 30 days, and therefore the petition should be disposed. Respondent No.6, the lowest bidder, intervened, claiming that the recall was collusive and that his bid had been accepted, thus opposing the disposal. The Court rejected this submission, holding that the decision to recall the tender rests with the authorities and, given that two years had elapsed since the original tender, there was no merit in the objection. Consequently, the writ petition and all pending civil applications were disposed, and the Court granted leave to amend a Suo Motu contempt petition within four weeks, listing it for hearing on 23 October 2026.

Issues considered

The Court's jurisdiction to dispose of a writ petition based solely on an affidavit indicating the authority's decision to recall a tender.
Whether the recall of a tender after a two‑year period is permissible under administrative law.
The rights of the lowest bidder to challenge the unilateral recall of a tender.

Subjects

tender recall
public procurement
writ petition
administrative discretion
lowest bidder
contempt petition
civil application

Judgment

2026:BHC-AUG:41190-DB


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                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 9763 OF 2026
                                               IN
                                 WRIT PETITION NO.9646 OF 2024

                 ShriShri Infrastructure Private Limited Through
                 Its Authorized Director                                PETITIONER

                        VERSUS

                 The State of Maharashtra and Others                 RESPONDENTS

                                             .......
                 Mr. V. D. Sapkal, Senior Advocate i/b Mr. G. K. Naik Thigale,
                 Advocate for the Petitioner

                 Ms. Neha B. Kamble, AGP for Respondent - State

                 Mr. Shaikh Mazhar A. Jahagirdar, Advocate for Respondent No
                                              ....…
                                                 WITH
                               CIVIL APPLICATION NO. 2538 OF 2025
                                             WITH
                               CIVIL APPLICATION NO. 7718 OF 2026
                                             WITH
                               CIVIL APPLICATION NO. 10189 OF 2026
                                             WITH
                                    SUO MOTO (CP) NO. 2 OF 2024

                              [CORAM : NITIN B. SURYAWANSHI, &
                                       ABASAHEB D. SHINDE, J. J.]

                                      DATE : 4th SEPTEMBER, 2026

                 ORDER :

                 1.     Affidavit in reply is filed by the Executive Engineer, to the

                 Civil Application, filed by the Petitioner seeking amendment of
                                      {2}                          ca9763-26.doc

the Writ Petition. In paragraph No. 7 of the said affidavit,

following statements are made :


      “7.    I say that, the answering respondent has considered the technical
      difficulty of the need for a revised sanction, the requirement for the said
      road and the report of the Vigilance Committee and arrived at a
      conclusion that the tender will be recalled and fresh tender will be issued
      in 30 days. Considering all the aspects thus, in view of the above the Civil
      Application and Writ Petition be disposed.”


2.    In the light of the above statements, nothing survives in

the Writ Petition. Writ Petition is, therefore, disposed of.


3.    Learned Advocate for intervenor, added Respondent No.6,

strenuously opposed disposal of the Writ Petition contending that

he was the lowest bidder and his bid was accepted and,

therefore, the Respondents are acting hand in glove with the

Petitioner and hence they cannot unilaterally recall the tender

and issue fresh tender.


4.    We do not find any merit in the said submission. It is for

the authorities to take decision in that behalf and since they

have taken decision to recall the earlier tender and issue fresh

tender and as two years’ period is passed since floating of the

tender, we do not find any merit in the said submission.


5.    In view of disposal of the Writ Petition, all the pending Civil
                                 {3}                ca9763-26.doc

Applications are disposed of.


6.    Leave to add names of the contemnors party respondents

in the Suo Motu Contempt Petition No. 2 of 2024. Amendment be

carried out within four weeks.


7.    List the Suo Motu Contempt Petition No.2 of 2024 on 23 rd

October, 2026.



[ ABASAHEB D. SHINDE ]                 [ NITIN B. SURYAWANSHI ]
         JUDGE                                    JUDGE

drp/ca9763-26.doc

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