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Bombay High CourtWP/1233/2026disposed off

Grampanchayat Pethwadaj Through Its Sarpanch v. The State Of Maharashtra Through Its Secretary And Others

2026-03-04Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Shri Justice Hiten S. Venegavkar4 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 22 WRIT PETITION NO. 1233 OF 2026 Grampanchayat Pethwadaj Through Its Sarpanch ....Petitioner

VERSUS

The State of Maharashtra & others .....Respondents Mr. M. S. Shaikh, Advocate for the Petitioner. Mr. A. M. Phule, AGP for the State.

CORAM : SMT VIBHA KANKANWADI & HITEN S VENEGAVKAR, JJ.

DATE : 4th MARCH, 2026.

PER COURT : (PER : HITEN S. VENEGAVKAR, J.) 1.

The present petition is filed for directions to the Respondents/authorities to act in accordance with the administrative sanction in the nature of Government Resolution dated 15.10.2024 issued by Respondent no. 1 vis-a-vis technical sanction dated 18.08.2025 so as to commence and conclude the construction of work in relation to construction of meditation hall, multipurpose hall and library building at village Pethwadaj, Tq. Kandhar, Dist. Nanded. The Petitioner further prays for direction to the Respondents/authorities to act in accordance with the

- 2 - communication dated 16.10.2025 in relation to the construction of the abovementioned work.

2.

The Petitioner is duly elected Gram Panchayat Sarpanch of village Pethwadaj and, for the development of the said village, the State of Maharashtra has issued Government Resolution dated 15.10.2024 under the scheme of Bharatratna Dr. Babasaheb Ambedkar Samajik Vikas Yojana and granted administrative sanction in relation to the construction of certain development work in the village. It is stated by the Petitioner that in pursuance to the administrative sanction by the State of Maharashtra, the Collector, Nanded, forwarded a comprehensive proposal to the Commissioner, Social Welfare, for abovereferred construction work in accordance with Government Resolution and with request to undertake further process.

It is the grievance of the Petitioner that after receipt of the comprehensive proposal from the District Collector, the Chief Engineer of Public Works Department issued a communication dated 18.08.2025 thereby granting technical sanction for construction to the extent of Rs. 13,01,44,500/-.

- 3 - already been granted thereby directing the authorities to take up the process of issuing e-tender notice and to start the work of construction of the above mentioned infrastructure. 3.

Learned Advocate for the Petitioner has invited our attention to the communication dated 16.10.2025 wherein the communication clearly mentions about the grant of technical sanction. However, thereafter no progress for initiating the further process and complete the construction of the work.

4.

Learned AGP for the State tenders a communication dated 02.03.2026 addressed to the office of the Government Pleader wherein the office of Assistant Commissioner, Social Welfare, Nanded, has mentioned that all the necessary procedure and process has been completed in respect of construction of the above referred work and AGP on instructions, makes a statement that the process of issuing e-tender notice will be initiated within a period of two months from today. The statement is accepted as undertaking to this Court. 5.

On perusal of the communication dated 02.03.2026, it is noted that the letter makes a reference to the local MLA who has expressed his desire to make certain suggestions in respect of the work that is required to be carried out. The letter expressly mentions that the

- 4 - authorities will hold meeting with the said MLA and his suggestions be taken into consideration. We make it clear that being a local representative, if the MLA makes any suggestions then said suggestion be taken into consideration, however, the period of two months should be strictly abided and all the suggestions, if received from the MLA, should be taken into consideration only within the aforestated period. In any case, if the MLA fails to give any suggestion within the period of two months, the authorities should proceed on the basis that there are no suggestions, from MLA and need not wait for issuing e-tender notice and proceed with the process towards completion of construction work of abovereferred work.

6.

On the aforestated grounds and reasons, we dispose of the present petition by directing the authorities to take up process of etender within a period of two months and thereafter complete the process of allotting tender, completion of process and getting the construction of referred infrastructure as expeditiously as possible. Writ petition stands disposed of accordingly. No order as to costs. ( HITEN S. VENEGAVKAR ) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE dyb