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Bombay High CourtWP/7593/2024disposed off

V K Enterprises Through Its Sole Proprietor Vilas Kalu Yashwante v. The State Of Maharashtra Through Department Of Revenue

2025-02-07Hon'Ble Shri Justice S. G. Mehare,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:3720-DB 902-WP-7593-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7593 OF 2024 V K ENTERPRISES THROUGH ITS SOLE PROPRIETOR VILAS KALU YASHWANTE

VERSUS

THE STATE OF MAHARASHTRA THROUGH DEPARTMENT OF REVENUE ...

Advocate for the Petitioner : Mr. Sanket S. Kulkarni AGP for Respondents : Mr. S. R. Yadav Lonikar ...

CORAM : S. G. MEHARE & SHAILESH P. BRAHME, JJ.

DATE : 07-02-2025 PER COURT:- 1.

Heard the learned counsel for the petitioner and the learned A.G.P. for the respondents.

2.

Admittedly the tender of the petitioner was allowed. However, suddenly respondent No.2/the District Collector, Jalgaon by order dated 10.06.2024 has stayed the work order temporarily. 3.

The petitioner has a case that it has spent about Rs.60 Lakh for constructing the office, etc, in pursuance of the contract. The petitioner has a grievance that without any reason, respondent No.2 has stayed the work order.

902-WP-7593-24.odt 4.

After hearing the respective counsel and going through the record with their able assistance, we find that respondent No.2 had neither taken the decision to continue the work order nor cancel it. The opportunity was not granted to the petitioner before the impugned order was passed. The period of tender had already been over. So, respondent No.2 should take an appropriate decision.

5.

In view thereof, we dispose of this writ petition by directing respondent No.2/the District Collector, Jalgaon to take an appropriate decision about continuing the contract or implementing the work order or not, issued to the petitioner by giving an opportunity of hearing on or before 18.02.2025. 6.

No order as to costs.

[ SHAILESH P. BRAHME ] [ S. G. MEHARE ] JUDGE JUDGE rrd