The Court disposed of the writ petition involving disputed questions of fact, directing respondents to conduct a joint measurement of executed work within six weeks.
Respondents directed to record joint measurement of the work executed by the petitioner within six weeks.
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wp1988.14
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO. 1988 OF 2014
M/s A.C. Kothari Engineers and Contractors, Ahmednagar .. PETITIONER
VERSUS
The State of Maharashtra & others .. RESPONDENTS
Mr. A. K. Gawali, advocate for petitioner. Mr. S. G. Karlekar, AGP for the State.
Mr. D. P. Bakshi, advocate for respondent no. 5.
CORAM : R.M. BORDE & A. M. BADAR, JJ. DATE : 16th APRIL, 2014.
PER COURT :
in quite detail, we are of the considered opinion that since the petition involves disputed question of fact, it would be appropriate that petitioner shall avail alternate remedy available in law.
already executed by present petitioner. Petitioner contends that total work
undertaken by him has not been effectively recorded in the measurement
wp1988.14
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record maintained by respondent - authorities. In order to avoid further complications in the matter and to ensure that appropriate record is made available while considering the issue in an appropriate proceeding, it is hereby directed to respondent - authorities to record measurement of the work executed by petitioner in his presence. Petitioner undertakes to render co-operation in recording measurement by the officials. It would be open for the petitioner to record objection, if any, to the measurement, before appropriate forum, however, not at the stage of recording of measurement. It would be the responsibility of respondent - officials to maintain proper record in that regard. Respondent - authorities shall communicate the date of joint measurement within a period of 15 days from today and shall complete the work of measurement as directed above, within a period of six weeks from today.
( A. M. BADAR ) ( R. M. BORDE ) JUDGE JUDGE dyb
3 issues framed by the court
Whether the writ petition involving disputed questions of fact should be disposed of or if an alternative remedy should be pursued.
Whether the High Court should direct the authorities to record a fresh measurement of work executed by the petitioner jointly in his presence.
Whether the pending civil application survives the dismissal of the writ petition.
M/s A.C. Kothari Engineers and Contractors, Ahmednagar
The State of Maharashtra
others
R.M. Borde
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
