1. By an order dated 11th June, 2009 (herein after referred
to as the Reference Order), the Division Bench of this Court issued
Rule in this Writ Petition and, by the said speaking order, recorded
that it was unable to agree with the view taken by a Co-ordinate
Division Bench of this Court, in the order dated 27 th January, 2009
passed in Mandke Construction Company & Ors. V/s. The State of
Maharashtra & Ors., (Civil Writ Petition No.5052 of 2008).
2. Having disagreed with the view taken by the Court in
Mandke Construction Company (Supra), the Division Bench of this
Court formulated the following questions with a request to the
Hon’ble the Chief Justice to refer the following 3 questions to the
Full Bench :-
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