M/S Sonu Services Solapur Throu. Prop Ashfaq Agasapure v. The Maharashtra State Electricity Distribution Co Ltd And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR WRIT PETITION NO. 5750 OF 2025 M/s Sonu Services Solapur Throu.

Prop. Ashfaq Agasapure

...Petitioner

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2026.03.05 19:28:34 +0530 UDAY SHIVAJI JAGTAP

VERSUS

The Maharashtra State Electricity Distribution Co Ltd And Ors.

...Respondents

............

Mr. Valmiky Narvekar (through VC) i/b Mr. Mohammad S. Mulla for the Petitioner.

Mr. Nirav Shah (through VC) for the Respondents. ..............

CORAM : MADHAV J. JAMDAR & PRAVIN S. PATIL, JJ.

DATE : 5th MARCH, 2026.

P. C. :

1.

Heard learned Counsel appearing for the Petitioner and the learned Counsel appearing for the Respondents.

2.

By the present petition filed under Article 226 of the Constitution of India, the challenge is to the legality and validity of order dated 2nd April 2025 passed by the Maharashtra State Electricity Distribution Company Ltd. (for short "MSEDCL").

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3.

The impugned order dated 2nd April 2025 has been passed on the basis of order dated 18th March 2025. By the said order dated 18th March 2025, the MSEDCL cancelled all Work Orders issued to the Petitioner in respect of Barshi Division, Pandharpur Division and Solapur Rural Division with effect from 19th May 2025. The said order dated 18th March 2025 has been challenged by the Petitioner by filing Writ Petition No. 4317 of 2025 before the Principal Seat at Bombay and by order dated 25th June 2025, the Division Bench of this Court set aside the said order dated 18th March 2025 to the extent it seeks to cancel the Work Orders of the Petitioner for Pandharpur Division and Solapur Rural Division. 4.

So far as the impugned order is concerned, the same is in respect of Solapur Rural Division. The impugned order has been inter alia passed on the basis of order dated 18th March 2025, which has been set aside by the Division Bench of this Court (Principal Seat at Bombay) by order dated 25th June 2025 to the extent indicated hereinabove. It is required to be noted that this Court by order dated 29th April 2025 although not granted any interim order, however, observed that any action taken by the Respondents shall be subject to outcome of the Petition. 5.

It is the submission of learned Counsel appearing for the 2 of

Respondents that apart from said order dated 18th March 2025, other factors have also been taken into consideration while passing the impugned order. Learned counsel for the Petitioner submits that on 24th April 2025, the contract has been awarded to 33 participants and therefore no interference in the impugned order is warranted. 6.

Perusal of the impugned order dated 2nd April 2025 shows that the main factor which has been taken into consideration, is order dated 18th March 2025 which has been set aside by the Division Bench for Pandharpur Division and Solapur Rural Division, as set out earlier. 7.

Accordingly, in the facts and circumstances, order dated 2nd April 2025 passed by Respondent No.1 is quashed and set aside and the matter is remanded back to Respondent No.1 - MSEDCL for fresh consideration. 8.

The Respondent No.1 to pass a fresh order after giving hearing to the Petitioner. The Petitioner shall appear before the Respondent No.1 - MSEDCL or the appropriate Committee of Respondent No.1 on 16th March 2026 at 11.00 a.m.

9.

The Respondent No.1 shall pass a fresh order on or before 4th April 3 of

2026.

10.

It is clarified that contentions of both the parties are expressly kept open.

11.

The Writ Petition is disposed of in the above terms. No order as to costs.

[PRAVIN S. PATIL, J. ] [MADHAV J. JAMDAR, J.] 4 of