Yogesh Ramrao Chavan v. The State Of Maharashtra Through Its Secretary And Others

2023:BHC-AUG:26240-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 WRIT PETITION NO. 15239 OF 2023 YOGESH RAMRAO CHAVAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.N.T.Tribhuwan, Advocate for the Petitioner. Ms.Priya R.Bharaswadkar, AGP for the Respondent/State. Mr.P.D.Suryawanshi, Advocate for the Respondent/Zilla Parishad, Beed. ( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : DECEMBER 13, 2023 PER COURT :

1.

The Petitioner has put forth prayer clause '

B'

as under :- "B. By issuing writ of mandamus, orders, directions in the like nature, respondents may please be directed to release the amount of Rs.22,77,680/- towards the work completed of Piped Water Supply Scheme at Chanai Tal.Ambajogai, Dist.Beed as early as possible." 2.

Normally, we loathe to entertain the Petitions seeking recoveries of unpaid amounts and more so, if the claims are made by private enterprises or proprietory firms/partnership firms etc.

- 2 - However, in the present case, the competent authorities of the Zilla Parishad, Rural Water Supply Department, Sub Division, Parali Vaijnath have issued a certificate in Form No.65 for the scheme MRDWP 20172018 indicating that the work is completed on 26.02.2021 by the agency operated by the Petitioner for an amount of Rs.22,77,680/-. The check measurement has been done by the competent authority on 27.03.2023.

3.

The learned Advocate representing the Zilla Parishad submits that as the Zilla Parishad is facing a financial crunch, that the amount is not being released. Not even a part payment has been made.

4.

In view of the above, this Petition is disposed off with the following directions :- [a] By way of re-verification, let the CEO, Zilla Parishad verify as to whether form No.65 has been issued by the Office of the Zilla Parishad, Rural Water Supply, Sub Division Parali Vaijnath. [b] If there is no issue with the genuineness of the said certificate, the undisputed amount of Rs.22,77,680/- shall be paid to the Petitioner

- 3 - in 4 equated monthly installments, commencing from 15.01.2024 to conclude on 15.04.2024.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.)