M/S. Saraswati Construction Co., Thr. Partner And P.O.A., Holder, Mahesh B. Vaniya v. U.O.I., Thr. Ministry Of Road Transport And High Way, Thr. Chief Engineer And Reg. Officer And ANR
24-WP-4205-2024.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.4205 of 2024 M/s. Saraswati Construction Company, through its Partner and POA Holder-Mahesh B. Vaniya vs.
Union of India, through Ministry of Road Transport and High Way, through the Chief Engineer and Regional Officer, Mumbai and another. --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. R. P. Masurkar, Advocate for petitioner.
Mr. N. S. Deshpande, Dy. Solicitor General of India for respondent no.1. Mr. H.Dhumale, Assistant Government Pleader for respondent no.2. CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 15th JULY, 2024 P.C.
Heard.
2.
It is the case of the petitioner that within the extended period i.e. upto 20.09.2020, the petitioner has completed execution of work viz. Construction of National Highway and thereafter starting maintaining the same.
3.
It is claimed that maintenance period is of forty eight months and same is to expire within next two months before which, without there being any authority or justifiable reason, the petitioner's maintenance tender is abrogated and a fresh tender was issued not only for maintaining the repairs of the road for a period of ten years but also for carrying out the repairs of the road that was constructed by the petitioner.
4.
In response to the Court's query, learned counsel for the petitioner seeks time to place on record a copy of recent communication whereby shortfalls in the matter of execution of the work of the petitioner were pointed out.
5.
Stand over to 18.07.2024.
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In the meantime, the learned Assistant Government Pleader to take instructions in the matter.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Andurkar.
Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 15/07/2024 19:58:34