R.K Services Thr. Ppoprietor Ravindra Ganpati Kempwade v. Sangli Miraj And Kupwad City Corporation Thr. Commissioner And ORS
5.11474.22-wp.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BASAVRAJ GURAPPA PATIL CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11474 OF 2022 BASAVRAJ GURAPPA PATIL Date: 2023.11.09 17:39:29 +0530 R. K's Services ..... Petitioner Vs.
Sangli, Miraj & Kupwad City Corporation & Ors.
..... Respondents Mr. Kuldeep Nikam a/w. Mr. Prasad Avhad for the Petitioner Mr. Vikram Walawalkar a/w. Mr. Amey Sawant for Respondent No.1 Mr. Chetan Patil for Respondent No.2
CORAM:
DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.
DATE : NOVEMBER 9, 2023 P.C.
1.
Heard Mr.Kuldeep Nikam, learned Counsel representing the Petitioner, Mr.Vikram Walawalkar, learned Counsel representing Respondent No.1 - Sangli Miraj Kupwad City Municipal Corporation and Mr.Chetan Patil representing Respondent No.2. 2.
Learned Counsel representing the Corporation tenders letter dated 8th November 2023 of the Commissioner of Respondent No.1 - Corporation informing him that the Corporation has decided to issue fresh tender for appointing a new agency. It has also been decided by the Corporation that till the appointment of new agency through fresh tender process, Basavraj 1/2
5.11474.22-wp.docx Respondent No.2 shall be allowed to continue to work. The said letter dated 8th November 2023 is taken on record. 3.
In view of the aforesaid decision of the Corporation, as is reflected from letter dated 8th November 2023, the Writ Petition has been rendered infructuous.
4.
At this juncture, learned Counsel representing Respondent No.2 states that his right in terms of the earlier tender cannot be taken away by the Corporation by taking the decision to appoint a new agency. In this regard, we may only observe that if Respondent No.2 has any grievance and fresh cause of action may have accrued to him, for redressal of such grievance, it is needless to state that it is always open for Respondent No.2 to take any remedial measures which may be available to him under law.
5.
The Writ Petition is, thus, dismissed as having been rendered infructuous. We, however, provide that the fresh tender process for appointment of new agency shall be completed within three months.
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE) Basavraj 2/2