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Bombay High CourtWP/593/2026disposed off

Alaka Constructions Partnership Firm Through Its Partner v. The State Of Maharashtra And Others

2026-02-11Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Shri Justice Hiten S. Venegavkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 593 OF 2026 Alaka Constructions Partnership Firm Through Its Partner

VERSUS

The State Of Maharashtra And Others Mr. S. S. Tope, Advocate for petitioner Mr. R. S. Wani, AGP for respondent Nos. 1 to 4

CORAM

: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.

DATE : 11th February, 2026 PER COURT :- 1.

Present petition challenges letter dated 24.04.2025 and Government Resolution dated 25.08.2025.

2.

Petitioner who is registered firm was awarded with three contracts under Vasantrao Naik Tanda Vasti Sudhar Yojana. By Government Resolution dated 30.01.2018, the Government had modified the said scheme and specifically provided the procedure to be adopted and which works can be allotted under the scheme. It was also specifically stated that the amount that has been sanctioned in the scheme should not be diverted to any other scheme at any cost. By decision dated 31.03.2025, three works were allotted to the present petitioner under the said scheme for village Sayal and Sonmanjari in Tq. Lohar, Dist. Nanded. Even the work orders were issued for those three

different works on 28.04.2025, however abruptly by letter dated 24.04.2025 given by the Assistant Secretary, Government of Maharashtra stayed the works allotted as per Government decision dated 31.03.2025 for the District, Nanded and other four districts on administrative ground. Thereafter, Government Resolution was issued on 25.08.2025, stating that in stead of those works which were granted by order dated 31.03.2025, under Vasantrao Naik Tanda Vasti Sudhar Yojana have been stayed and the work orders those have been issued stand cancelled and instead of that those 342 works which were suggested by the Collector in District Planning Committee, administrative sanction has been given for amount of Rs. 3720.00 Lakhs. 3.

Learned Advocate for the petitioner after taking us through the documents and also relying upon several decisions submits that the action taken by the Government is arbitrary and illegal. 4.

Learned AGP waives notice for respondent Nos. 1 to 4 and seeks accommodation to file reply.

5.

Here, it is to be noted that the Government was served with the copy of the petition on 06.01.2026, however, it appears that the instructions have not been given or taken by GP office. Therefore, present position as regards works under Government Resolution dated

25.08.2025 is not ascertainable. Yet, as regards district Nanded is concerned, if work orders are not issued in respect of the works pursuant to Government Resolution dated 25.08.2025 then they shall not be issued till next date.

6.

There shall be affidavit-in-reply on behalf of respondent Nos. 1 to 4 to be filed on or before 27.02.2026. Copy of the same be given to other side, in advance.

7.

Notice of respondent No. 5 is made returnable on 07.03.2026.

(Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi