Bombay High Court
M/S Dhariya Construction Pvt. Ltd And ... vs The Executive Enginner Raigad ... on 7 March, 2024
7-WP.4647.2022
Jvs.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4647 OF 2022
M/s. Dhariya Construction }
Pvt. Ltd. & Anr. } Petitioner
versus
The Executive Engineer, }
Raigad Irrigation Department }
& Ors. } Respondents
Mr. Alankar Kirpekar with Mr. Sagar
Kasar, Ms. Chaitali Bhogle, Mr. Ayush
Tiwari, Mr. Amol Wagh i/b. VMK Legal for
the petitioner.
Mr. Rajiv Chavan, Special Counsel with
Mr. P. P. Kakade, Government Pleader, Mr.
O. A. Chandurkar, Addl. Govt. Pleader
and Ms. G. R. Raghuwanshi, AGP for
respondents 1 to 5.
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
ARIF S. DOCTOR, J.
DATE: 7th MARCH 2024
P.C.:
1. By our order dated 1st February 2024, we had noticed the willingness of the petitioner to execute the entire work at the old rates and accordingly, had directed the learned counsel representing the State to seek instructions on the said issue. On 15th February 2024, a statement was made by Mr. Chavan, learned Special Counsel representing the State that the issue as to whether the petitioner can be awarded the entire work at the 1 ::: Uploaded on - 07/03/2024 ::: Downloaded on - 08/03/2024 10:37:22 ::: 7-WP.4647.2022 old rates was pending consideration and decision was likely to be taken soon. Accordingly, on his prayer, the matter was adjourned for today.
2. Mr. Chavan has stated before us today that the proposal has already been put up before the appropriate authority which is under active consideration and accordingly, four weeks' further time may be granted to take the final decision in the matter.
3. On the prayer made by Mr. Chavan, we grant four weeks' further time to the State Government to take final decision.
4. We may notice that the matter is pending consideration before the State Government for a considerable period and in ordinary course, decision ought to have been taken by now. However, we hope and expect that now the decision will be taken within four weeks' time as granted by us by this order.
5. Stand over to 4th April 2024.
JAYANT VISHWANATH SALUNKE Digitally signed by JAYANT VISHWANATH (ARIF S. DOCTOR, J.) (CHIEF JUSTICE) SALUNKE Date: 2024.03.07 17:31:34 +0530 2 ::: Uploaded on - 07/03/2024 ::: Downloaded on - 08/03/2024 10:37:22 :::