Infant Jesus Bahuudeshiy Sevabhavi Sanstha Through Its President v. The Dean Government Medical College And Hospital Ghati And Another

2023:BHC-AUG:25876-DB 14917.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14917 OF 2023 INFANT JESUS BAHUUDESHIY SEVABHAVI SANSTHA THROUGH ITS PRESIDENT

VERSUS

THE DEAN GOVERNMENT MEDICAL COLLEGE AND HOSPITAL (GHATI) AND ANOTHER ....

Mr Avinash R. Borulkar, Advocate for Petitioner; Mrs Priya R. Bharaswadkar, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 7th December, 2023 PER COURT:

1.

Issue is as regards the termination of a house-keeping contract between the Government Medical College and Hospital (Ghati), Aurangabad and the Petitioner, pertaining to the maintenance of a public toilet infront of the surgical building. This is a permanent structure and the Petitioner was operating on the principle of "Pay and Use". Arrears of almost 7,50,000/- until June 2023, have mounted. The Petitioner prays that, it would clear the dues in equated monthly installments until April 2024. 2.

The learned A.G.P. has received instructions and she submits that the contract is already terminated and the second

14917.23wp (2) highest bidder from the same tender, in which the Petitioner was the highest bidder, has been allotted the contract of house-keeping of the said public toilets.

3.

The dispute between the parties has its' roots under the Indian Contract Act, 1872. In our view, a Writ of Mandamus need not be issued in such disputed matter, as the Petitioner can approach the Civil Court and can seek reliefs, as may be desired. 4.

Prior to the present Petition, the Petitioner had preferred Writ Petition No.11139/2023 for the same purpose and the said Petition was withdrawn on 08/11/2023 by the Petitioner. The Petition was dismissed as withdrawn.

5.

In view of the above factors, we are not entertaining this Writ Petition and the same is disposed off. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk