Bombay High Court
Maharashtra Engineers ... vs State Of Mah. Thr. Chief Secretary ... on 28 April, 2016
Bench: B.P. Dharmadhikari
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
Writ Petition No.836 of 2005
Maharashtra Engines Association, Gondia
A registered Society under Societies
Registration Act, bearing Registration
No. 610/2004, having its Registered Office
at Shivnagar, Civil Lines, Gondia,
through its President
Sudhir s/o Prabhakarrao Mankar,
Agd about 39 years, Occu. Business,
R/o Shivnagar, Civil Lines, Gondia. ... ... Petitioner.
-Versus -
1. State of Maharashtra
through its Chief Secretary,
Government of Maharashtra,
Mantralaya, Mumbai -32.
2. Chief Executive Officer,
Zilla Parishad, Gondia.
3. Executive Engineer,
Minor Irrigation, Zilla Parishad, Gondia.
4. Executive Engineer,
Public Works Department,
Zilla Parishad, Gondia.
5. Executive Engineer,
Gondia Irrigation Department,
Gondia.
6. Executive Engineer,
Public Works Department (E.G.S.),
Gondia.
7. Executive Engineer,
Gondia Irrigation Division,
Rural & Water Supply Department,
Zilla Parishad, Gondia.
8. Executive Engineer ( Construction)
Jeevan Pradhikaran, Gondia.
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9. Executive Engineer,
Bagh Itiadoh Irrigation Department,
Government of Maharashtra, Gondia.
10. Executive Engineer,
Medium Irrigation Project Department,
Government of Maharashtra, Gondia.
11. Executive Engineer,
Minor Irrigation (Local Sector) Department,
Government of Maharashtra, Gondia. ... ... Respondents
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Mr. Dharaskar, h/f Mr. Parchure, counsel for petitioner.
Mr. Ekre, AGP for respondent no. 1.
Mr. P.B. patil, counsel for respondent no.5.
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CORAM : B.P. DHARMADHIKARI &
P.N. DESHMUKH, JJ.
DATE : 28th April, 2016.
ORAL JUDGMENT ( Per B.P. Dharmadhikari, J.)
Heard advocate Dharaskar holding for Advocate Parchure, counsel
for petitioner, learned AGP for respondent no 1 and advocate P.B. Patil for
respondent no.5.
2. Petitioner, an association of engineers, seeks implementation of
Government Resolutions dated 11.1.2000, 20.10.2003 and 7.2.1996 whereby
while allotting contract upto amount of rupees five lakhs, Zilla Parishad and
other respondent are asked not to invite tenders and to give it to unemployed
engineers.
3. Advocate Patil and learned AGP have submitted that no interim
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reliefs are given by this Court and hence challenge has already become
infructuous.
4. They also point out that names of members of petitioner
association or then any resolution passed by General Body or Executive
Committee authorising the association to file such writ petition is not placed
on record.
5. Advocate Dharaskar submits that issue is concluded by
judgment/order dated 8.2.2005 in Writ Petition No. 66/2005.
6. Petitioner association has not pointed out area wise number of
members, their names and other details are lacking. Similarly, the petitioner
association is a society and hence resolution authorising filing of such a
challenge ought to have been placed on record. It is neither pleaded nor
produced.
7. Petitioner is seeking writ of mandamus but no demand has been
made before filing writ petition.
8. In this situation, we are not inclined to examine the grievance on
merits. The Government resolutions which prevailed about 11 years back
may not have any bearing at this juncture. Several tender notices have been
published by respondents or their counterparts and the interested persons
including members of petitioner association may have also responded to it.
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9. Hence, in this situation, if grievance of petitioner still survives, we
grant petitioner liberty to raise it in accordance with law before appropriate
forum.
10. With this liberty, we dispose of petition. Rule discharged. No
costs.
JUDGE JUDGE
Hirekhan
