The Pune Bench of the Bombay High Court dismissed the writ petition filed by a society challenging a government communication halting execution of works. The court held the petitioner lacked locus standi as work orders were not yet issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
WRIT PETITION NO.2215 OF 2014
Shri Datta Majur Sahkari Sanstha Ltd., Through Chairman Shri Raghunath Shripati Patil : Petitioner V/s. The Chief Secretary, Govt. of Maharashtra & Ors. : Respondents
Mr.P.S.Tembhekar for the Petitioner.
Mr.V.P.Malvankar, Asstt. Govt. Pleader for the Respondents.
... CORAM : A.S. OKA & A.A. SAYED, JJ.
DATE : APRIL 01, 2014.
P.C.:
The Petitioner is a society which claims that the State Government
had agreed to allot 39 different categories of works to the Petitioner. The challenge is to the communication dated 30.12.2013 by which the State Government directed that the works shall not be executed and that subsequently, an appropriate decision will be taken in this behalf.
issued. The case of the Petitioner is that the work orders were to be
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issued. Therefore, as on today, the Petitioner has no locus to challenge the order dated 30.12.2013. As and when the State Government decides to carry out the works, the Petitioner can always apply for allotment of the contracts, in accordance with law. Therefore, subject to what has been observed above, we decline to entertain this petition. The same is rejected.
2 of 2
1 issue framed by the court
Whether the petitioner has locus standi to challenge a communication stating that proposed works shall not be executed.
Shri Datta Majur Sahkari Sanstha Ltd.
The Chief Secretary, Govt. of Maharashtra
A.S. OKA
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
