Santosh Hanmant Pawar v. The State Of Maharashtra Through Its Secretary And Others

2023:BHC-AUG:27150-DB 965-WP-15528-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15528 OF 2023 SANTOSH HANMANT PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. N. T. Tribhuwan, Advocate for Petitioner Mr. A. B. Girase, Government Pleader for Respondent - State Mr. P. D. Suryawanshi, Advocate for Respondent - Zilla Parishad, Beed ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:20.12.2023 PER COURT :- 1.

The Petitioner is a contractor. He prays that the unpaid bills of Rs.32,00,000/- (Rupees Thirty Two Lakh) be cleared by the Zilla Parishad.

2.

We normally loathe in entertaining such petitions. However, the learned Advocate for the Zilla Parishad places on record a copy of the communication dated 19.12.2023 received by him from the authorised officer of the Zilla Parishad, which is marked as "X" for identification. He submits that an amount of Rs.28,77,845/- is verified and due to be paid to the Petitioner.

(( 2 )) 965-WP-15528-2023 3.

The learned Advocate for the Petitioner submits on instructions that the Petitioner is willing and agreeable to accept this amount as full and final payment and close the issue with regard to those bills which are subject matter of this Petition. 4.

The learned Advocate for the Zilla Parishad, however, submits that the Zilla Parishad does not have money to pay. 5.

In view of the above, this Petition is disposed off by giving a quietus to the bills at issue. The amount of Rs.28,77,845/- shall be paid by the Zilla Parishad to the Petitioner as per the following schedule :- (a) Rs.7,77,845/- shall be paid to the Petitioner on or before 31.04.2024.

(b) The remaining amount of Rs.21,00,000/- (Rupees Twenty One Lakh) shall be paid in three equated monthly installments of Rs.7,00,000 (Rupees Seven Lakh) each, on or before 29.02.2024, 31.03.2024 and 30.04.2024.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS