Vilas Bhujangrao Suryawanshi v. The State Of Maharashtra And ORS

3.5598.21-wp.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2021.09.18 11:46:39 +0530 BASAVRAJ GURAPPA PATIL WRIT PETITION NO.5598/2021 Vilas Bhujangrao Suryawanshi ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Mr. Rushikesh Patil with P. S. Nigade I/b. Tushar Pimple for the Petitioner Mr. P. P. Kakade, GP a/w. Mr. S. S. Panchpor, AGP for the State

CORAM:

K.K.TATED & PRITHVIRAJ K. CHAVAN, JJ.

DATED :

SEPTEMBER 17, 2021 P.C.

Heard. By this petition under Article 226 of the Constitution of India, the Petitioner is challenging the letter dated 23.06.2021 issued by the Executive Engineer, Public Words Department, Pune granting maintenance and repairs work of the building Raj Bhavan at Mahabaleshwar, Dist. Satara, without calling any E-tender. The learned counsel for the Petitioner submits that because of the said action, the Petitioner has suffered losses.

The learned Govt. Pleader for the Respondents has pointed out that the Petitioner has admitted in paragraph 20 of the petition that 50% work has already been over and therefore, nothing survives in the Writ Petition. Basavraj G. Patil 1/2

3.5598.21-wp.odt Considering the submissions made by the learned counsel for the Petitioner and the averments made in para 20 of the petition, when this court declined to entertain the Writ Petition, the learned counsel for the Petitioner seeks permission to withdraw the Writ Petition with liberty to file appropriate proceedings for recovery of damages, if any. To that effect, the Petitioner has given in writing. Same is taken on record and marked "X" for identification. Same is accepted.

Hence, the following order is passed:

a.

The Writ Petition stands dismissed as withdrawn with liberty as prayed for.

b.

No order as to costs.

(PRITHVIRAJ K. CHAVAN, J.) (K.K.TATED, J.) Basavraj G. Patil 2/2