Gram Panchayat Babultara Through Its Sarpanch v. The State Of Maharashtra Through Its Secretary And Others

2023:BHC-AUG:25878-DB 14894.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 WRIT PETITION NO.14894 OF 2023 GRAM PANCHAYAT BABULTARA THROUGH ITS SARPANCH

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr Alkesh R. Jadhav, Advocate h/f Mr Ravindra B. Ade, Advocate for Petitioner;

Mr P. K. Lakhotiya, A.G.P. for Respondent Nos.1 to 4 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 7th December, 2023 PER COURT:

1.

The Petitioner desires that the unpaid amounts towards the work done under the Vasantrao Naik Tanda Sudhar Yojana, 2021-22, with relation to the Jalna District, should be paid as the works have already been completed. Reference is made to the order dated 25/08/2023, passed by this Court (Coram : Devendra Kumar Upadhyaya, C.J. and Arun R. Pednekar, J.) in Writ Petition No.10538/2023, at Aurangabad.

2.

In view of the above, this Writ Petition is disposed off, with a direction to the Respondent No.2/Director, Other

14894.23wp (2) Backward Class and Bahujan Kalyan, Pune, to consider the prayer of the Petitioner and take an appropriate decision within a period of 60 days from today, as regards releasing of the undisputed amounts towards the bills.

3.

We make it clear that, we have not expressed any opinion as regards the quality of the work, and whether work has been completed or not. This entire issue is left open to Respondent No.1 to be considered. If there is no dispute as regards any quantum of bills and the work is done satisfactorily, the said amount could be paid. As regards any disputed amount, the Petitioner would be at liberty to institute a civil suit for recovery of the dues, subject to the law of limitation. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk