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A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar pointed out that the task of supplying around 1.7 crore food kits under the scheme, ‘Anandacha Shidha’ (Kit of Joy), during the 10-day festival was humungous, though it noted the petitioners had a very good case.
“We are of the considered opinion that in facts and circumstances of the case, especially having regard to the stage of the tender and the short time left for ensuring timely and smooth supply and distribution of the food kits, any interference in this matter in exercise of our discretionary jurisdiction is not called for,” the court observed.
The bench also refused to extend the interim protection granted earlier directing the state government not to open/finalize the bid.
The bench, in its judgment, noted that public interest is one of the primary considerations which should be taken into account by a court before interfering in a tender matter.
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“The supplies of food kits (under the scheme) are to be made for distribution during the Gauri Ganpati festival which is celebrated in the entire State of Maharashtra. The said festival is to commence from 7th September 2024. The volume to be supplied is 1,70,82,086 food kits which is a huge number,” the bench said.
The court maintained that hardly a month was left for Ganesh Chaturthi and hence unless it finds the tender conditions “manifestly arbitrary or irrational”, interference at this juncture would not be warranted as it will not be in public interest.
“The task is humungous and ultimate goal of the scheme under which the food items are to be distributed is to benefit the beneficiaries, that too in a limited period of time,” the court noted.
“We are not inclined to interfere at this stage. The petitions are dismissed,” it said.
While reserving its order on the pleas on Friday (August 2), the HC had asked the state government not to take any further steps on the tender process until the judgment was pronounced on Monday (August 5).
On Monday, Sharan Jagtiani, counsel for the petitioners, sought an extension of time so that his clients could file an appeal in the Supreme Court. The bench, however, refused to accede to the request citing dismissal of the petitions.
“Frankly, you (petitioners) had a very good case, but given the short time (for supply for food kits to beneficiaries), we felt we should not interfere. In such matters, personal interest takes a back seat,” the court noted.
The state government had initially introduced the scheme to distribute subsidised food kits at Rs 100 during Diwali. The scheme was later extended for Gudi Padwa and the government has now announced it will also be made available during the Ganesh festival.
Under the scheme, the government will distribute a kilogram each of rava or suji (semolina), chana dal (chickpea lentils), sugar, and a litre of soybean oil to eligible beneficiaries.
A few companies — Indo Allied Protein Foods Pvt Ltd, Gunia Commercials Pvt Ltd, and Kendriya Bhandar — had moved the court, challenging certain conditions imposed in the tender process. The conditions include the requirement for bidders to have 70 distribution units and 300 labourers per work order.
Advocate General Birendra Saraf, appearing for the state, had last week submitted that the conditions were necessary as there was only a month left for the Ganesh festival, and the government wanted to ensure there were no delays in distribution of the food kits by the successful bidder.