Soma Mohite Joint Venture Thr. Constituents Soma Enterprise Ltd And Dm Corporation Pvt. And ANR v. Godavari Marathwada Irrigation Development Corporation Aurangabad And ORS

80.WPNo.67622021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6762 OF 2021 Soma Mohite Joint Venture & Anr.

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Petitioners

Versus

Godavari Marathwada Irrigation Development Corporation Aurangabad & Ors.

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Respondents Dr. Milind Sathe, Senior Advocate a/w. Mr. Bhudhan Deshmukh a/w. Mr. Abinash Pradhan, Ms. Garima Agrawal i/b. Wadia Ghandy & Co., Advocate for the Petitioners. Mr. Sudhir Bhalerao i/b. Ms. Chaitrali A. Deshmukh, Advocate for the Respondent Nos.1 to 5.

Mr. S. B. Kalel, AGP for the Respondent No.6/State.

CORAM:

S.V. GANGAPURWALA & S. M. MODAK, JJ.

DATED :

JULY 4, 2022 P.C.

1.

We have heard Mr. Sathe, learned Senior Advocate for the petitioners, Mr. Bhalerao, learned Counsel of respondent Nos.1 to 5. The learned Counsel for respondents submits that in view of the contract between the parties, the Court at Aurangabad only shall have jurisdiction.

2.

The jurisdiction of this Court under Article 226 of the Constitution of India cannot be circumscribed by the agreement between the parties. The said jurisdiction is sacrosanct. However, as far as objection to the territorial jurisdiction is concerned, the same can be considered. Gaikwad RD 1/2

80.WPNo.67622021.doc 3.

It is submitted that the agreement is executed at Aurangabad and the impugned order is issued at Aurnagabad. Certainly, this Court would not exercise it jurisdiction. This Court also would not consider the prayer clauses with regard to the monetary claims. It is submitted that as far as prayer clause (a) is concerned, decision has to be taken by the Government. The learned Counsel for the petitioners the petitioners have given the representations/ applications to the Government dated 27th August 2020. The decision on it has not been taken.

4.

It is for the Government to take decision in accordance with law if some matter is pending before it. 5.

In case the representation (page 326) dated 22nd August 2020 is pending with respondent No.6 and if respondent No.6 is competent to take decision upon it, the respondent No.6 shall take decision in accordance with law on its own merits expeditiously.

6.

Writ petition is disposed of. No costs.

7.

It is made clear that all contentions of the parties on merits are kept open.

(S. M. MODAK, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.07.07 17:38:18 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2