J K Modern Pool Management And Services Through Proprietor v. Nashik Municipal Corporation Through Commissioner And ORS

905-wp 6187-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6187 OF 2025 J K Modern Pool Management and Services Through Proprietor ... Petitioner

Versus

Nashik Municipal Corporation Through Commissioner & Ors.

... Respondents .............

Ms. Sayali S. Gutte for the Petitioner.

Mr. M. L. Patil for the Respondents.

CORAM : ALOK ARADHE, CJ AND M. S. KARNIK, J.

DATED : 6 th MAY, 2025.

P.C. :

1.

In this writ petition, the petitioner inter alia has prayed for the following reliefs: - "a) This petition may kindly be allowed;

b) This Hon'ble High Court may kindly issue writ of certiorari/mandamus or any other writ in like nature thereby to quash and set aside the order dated 29.04.2025 passed by Respondents authority (at Exh. 'H') and after setting aside the same this Hon'ble High Court may kindly issue writ of mandmus or any other writ in like nature thereby to direct to the respondent's authority to issue work order of E-Tender Notice No. 3 (2024-25) in favour of the petitioner and proceed with further required formalities to start the tender work;

c) Pending hearing and final disposal of this writ petition order dated 29.04.2025 passed by Respondents authority (at Exh, 'H') be Amk 1/2

905-wp 6187-25.doc stayed and be pleased to direct the respondents authority not to call/publish the fresh notification of e-tender in respect of the subject matter of this petition i.e. E-Tender Notice No. 3 (2024-25); d) Ad-interim relief in terms of prayer clause 'c' may kindly be granted.

e) Any other suitable and equitable relief to which the petitioner is found entitled may kindly be granted in the interest of justice." 2.

Learned counsel for the respondent-Nashik Municipal Corporation, on instructions, submits that the Corporation has taken a decision to reissue tender. 3.

The aforesaid submission is taken on record. In view of aforesaid submission, no relief as sought for by the petitioner can be granted in this writ petition. However, the writ petition is disposed of with liberty to the petitioner to challenge the decision taken by Nashik Municipal Corporation to re-issue the fresh tender, if so advised.

4.

All contentions in this petition are kept open to be agitated in the writ petition if filed challenging the re-issuance of the tender. (M. S. KARNIK, J.) (CHIEF JUSTICE) Amk 2/2