Bombay High CourtWP/7213/2024disposed off

Dinesh Manohar Chikhale v. State Of Maharashtra, Thr. Secretary, Department Of Energy, Mumbai And Another

2024-12-12Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

01. WP 7213 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.

7213/2024 Dinesh Manohar Chikhale ...Versus...

State of Maharashtra through its Secretary, Department of Energy, Mantralaya, Madam Cama Road, Mumbai - 440032 and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. R.R. Deo, Advocate for petitioner Mrs. S.S. Jachak, Addl. G.P. for respondent No.1 CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATE : 12/12/2024 1.

The contention is that the work order is for a period of 12 months, for which, the terms and conditions at page-14 (Item No.2) are being pointed out. Mr. Deo, learned counsel for the petitioner also relies upon the definition of work mentioned at page-13, which indicates that the rates should be quoted for 12 months (one year), and excavation has to be for 24 hours 365 days. It is contended that based upon the assurance that the work is for a period of 12 months, the rate, as indicated at page-12 has been quoted. He submits that this would indicate that the contract was for a period of 12 months and not 6 months, as is now being sought to be indicated by the communication dated 09/12/2024 (pg.21). 2.

Issue notice to the respondents for final disposal, returnable on 17/12/2024.

01. WP 7213 of 2024.odt 3.

Additional Government Pleader Mrs. S.S. Jachak waives service of notice for the respondent No.1. 4.

The petitioner is permitted to serve the respondent No.2 by all modes of service permissible in law. (ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 12/12/2024 17:48:46