Satnam Construction, Thr. Prop. Umesh Santoshrao Mahant And Others v. State Of Maharashtra, Thr. Secretary, Soil And Water Conservation Dept., Mumbai And ORS.

962-wp-640-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 640 of 2024 Satnam Construction through Prop. Umesh Santoshrao Mahant and others

Versus

State of Maharashtra, through its Secretary, Soil and Water Conservation, Department, Mumbai and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Abhay Sambre, Advocate for the petitioner. Shri D.V.Chauhan, Government Pleader for the respondent nos. 1 and 2.

CORAM : ANIL S. KILOR, AND SMT. M.S.JAWALKAR, JJ.

DATED : 5th MARCH, 2024.

Heard.

2.

Shri Chauhan, learned Government Pleader makes a statement that there is no challenge at all to the resolution passed in Meeting 63 and also Meeting 64 wherein decision of clubbing of works was taken. It is submitted that in absence of such challenge the petition deserves to be dismissed.

3.

Thereupon, Shri Sambre, learned counsel for the petitioner seeks time to amend the petition to raise a challenge to the resolution in Meetings 63 and 64.

SKNair

962-wp-640-24.odt 4.

We are not inclined to grant time to amend the petition, in viewb of a right to file a substantive petition challenging such resolutions is available to the petitioners.

5.

Further reason to deny such prayer is that in the present matter the status quo is operating against the development works and there is every likelihood that any time the Lok Sabha elections would be declared and in that case Code of Conduct will be made applicable. In that eventuality, the development works would be hampered.

6.

In the circumstances, in absence of challenge raised to the policy of clubbing the works for issuance of tenders, the petition is meritless, hence, it is dismissed.

7.

However, the petitioners are at liberty to raise a challenge to the policy of clubbing the works together, independently by filing substantive writ petition, if it is permissible under the law. 8.

The writ petition is dismissed, consequently, status quo order is vacated.

[ M.S.JAWALKAR, J.] [ANIL S. KILOR, J.] Signed by: Mr. S.K. NAIR Designation: PA To Honourable Judge Date: 04/06/2024 15:47:49 SKNair