M/S. Nayan Enterprise, Wardha, Thr. Auth. Partner And Signatory, Vinod V. Bhatia And ANR v. The State Of Maha., Thr. Secretary, Publi Works Dept., Mumbai And ORS.

28 wp 5702-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5702/2025 M/s Nayan Enterprise, Wardha, thr. Its Authorized Partner and Signatory Shri Vinod Vidyanand Bhatia and another Vs.

The State of Maharashtra, thr. Its Secretary, Public Works Department, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri A.A. Naik, Senior Advocate a/w Shri R.R. Deo, Advocate for petitioners Shri D.P. Thakare, Addl. GP for respondent Nos.1, 2 and 4 CORAM : SHRI ANIL S. KILOR AND SHRI RAJNISH R. VYAS, JJ.

DATE : 26.09.2025 1.

In the present petition, the challenge is raised to the cancellation of fitness certificate of the plant of the petitioners.

2.

Considering the fact that the technical bid of the petitioners is not yet opened, we are of the opinion that petition is premature to consider the challenge to such an action of cancellation of fitness certificate. There is one more reason that the validity of such certificate is up to January, 2026 and if the technical bid of the petitioner is not opened till then, such certificate would be lapsed. 3.

In that view of the matter, we are of the opinion that petition is premature.

28 wp 5702-2025.odt 4.

In the circumstances, learned Counsel for petitioners seeks permission to withdraw the present petition with liberty to approach this Court by filing fresh petition in case any such occasion arises.

5.

Permission to withdraw the present Writ Petition is granted with liberty as prayed for.

6.

All the points raised in this petition are kept open. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) R.S. Sahare