Sant Wamanbhau Majur Sahakai Sanstha Ltd Fulsangvi Through Its Chairman v. The State Of Maharashtra Through Its Principal Secretary And Others
2024:BHC-AUG:9988-DB *1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 910 WRIT PETITION NO. 4765 OF 2024 MAJUR SAHAKARI SANSTHA LTD FULSANGVI THROUGH ITS CHAIRMAN BHAGWAN KAKASAHEB SONAWANE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...
AND 924 WRIT PETITION NO. 4806 OF 2024 VINAYAK MAJUR SAHAKARI SANSTHA LTD THROUGH ITS CHAIRMAN
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...
AND 932 WRIT PETITION NO. 4814 OF 2024 MAHADEV MATI VADAR MAJUR SAHAKARI SANSTHA LTD REVAKI DEVAKI THROUGH ITS CHAIRMAN
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...
AND 944 WRIT PETITION NO. 4830 OF 2024 SANT WAMANBHAU MAJUR SAHAKAI SANSTHA LTD FULSANGVI THROUGH ITS CHAIRMAN
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...
*2* AND 945 WRIT PETITION NO. 4834 OF 2024 SIDHARTH MAJUR SAHAKARI SANSTHA LTD THROUGH ITS CHAIRMAN SUJATA BHASKAR DONGARE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...
Shri Sambhaji S. Tope, Advocate i/by Shri Bobade Yogesh K., Advocate for the Petitioners.
Shri V.M. Kagne, Shri R.S. Wani and Shri S.B. Narwade, AGPs for the Respondents/State.
...
CORAM : RAVINDRA V. GHUGE & R.M. JOSHI, JJ.
DATE :- 07th May, 2024 Per Court :- 1.
Normally, we loathe to entertain petitions for recovery of monies since a Civil Suit for recovery has to be filed and the court fees have to be paid.
2.
In the present case, the Petitioners are the Majoor Cooperative Societies. The Petitioners claim to have completed the work and the bills were forwarded. There are documents which indicate endorsements of the Public Works Department.
*3* There are communications addressed by the Authorities to the Public Works Department, Mantralaya, Mumbai, praying for releasing the funds to clear payments of several contractors as like the Petitioners. The chart indicating the details with regard to work orders, bill dates, demand letters, etc. is as under:- Sr.No.
on Board Demand by Superintending Engineer 4765/2024 01.06.2009 Writ Petition No.
Date of work order First and final bill Demand by Executive Engineer 01.06.2009, 09.06.2009 and 10.08.2009 24.11.2020 26.11.2020 and 10.08.2009 4806/2024 05.08.2013 05.08.2013 24.11.2020 26.11.2020 4814/2024 07.08.2010 07.08.2010 and 01.10.2010 24.11.2020 26.11.2020 and 01.10.2010 4830/2024 07.08.2010 07.08.2010 24.11.2020 26.11.2020 4834/2024 31.10.2011 31.10.2011 and 27.08.2012 24.11.2020 26.11.2020 and 27.08.2012 3.
In view of the above, considering our Writ Jurisdiction, we would not be entertaining these Writ Petitions. However, we record that as some amounts are undisputed, the Public Works Department shall ensure that the said amounts are paid to the Petitioners, within a period of 120 days from today, after verifying the records. In the event, the Public Works Department is required to pay the interest on delayed payments,
*4* the said component would be taken into account. If the bills are rejected by the Authorities, the Petitioners will have to take recourse to a remedy as may be permissible in law, considering the law of limitation.
4.
With the above directions, these Writ Petitions are disposed off.
kps ( R.M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. )