Bombay High Court
Belewadi Village Panchayat Tal ... vs State Of Maharashtra Thru The ... on 28 November, 2022
Bench: R.D. Dhanuka, S. G. Dige
Rameshwar Dilwale 20.wp.9744.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9744 OF 2022
Belewadi Village Panchayat. ....Petitioner
Versus
State of Maharashtra and Ors. ....Respondents
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Mr. S.S. Patwardhan i/b Mrs. Mrinal A. Shelar for the
Petitioner/Applicant.
Mr. Kavita N. Solunke, AGP for Respondent - State
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CORAM : R. D. DHANUKA &
S. G. DIGE, JJ.
DATE : 28th NOVEMBER, 2022.
P.C. :
1. The petitioner, seeks writ of certiorari for quashing
and setting aside orders dated 19 th July 2022 and 25th July
2022 issued by the State Government thereby suspending
all the development activities initiated by the predecessors
in the office, including that of the petitioners.
2. It is common ground that on 31st March 2022, the
development work of construction of gutters in the
Rameshwar Dilwale 20.wp.9744.22.odt
petitioners Village Panchayat was already sanctioned by the
State Government. Work order for the said work was issued
by the Respondent No.2 on 14 th July 2022. The State
Government has issued the impugned orders on 19 th July
2022 and 25th July 2022 without recording any reasons as to
why the budget which was already sanctioned and has been
already incorporated in the Finance Act has been
suspended by an executive order.
3. Mr. Patwardhan, learned counsel for the petitioner,
invited our attention to the work order issued in favour of
the contractor Shri Mangesh Sarkappa Sutre. The learned
counsel invited our attention to the Government Resolution
dated 31st March 2022 annexed at Page No. 37 of the
petition and submitted that the said work has to be
completed before 31st March 2023 and if the work is not
carried out, the budget already earmarked and forming part
of the Finance Act would lapse by 31st March 2023.
3. Learned AGP seeks time to take instructions and to
make a statement before this Court. The learned counsel
tenders a copy of the order dated 9 th November 2022
Rameshwar Dilwale 20.wp.9744.22.odt
passed by the Division Bench of Aurangabad Bench in Writ
Petition No. 9421 of 2022 in the case of Pooja Kalyan
Sapate Vs. State of Maharashtra and Ors. and
connected petitions raising similar grievance that the State
Government is suspending the works already awarded.
After referring to the judgments of Supreme Court in case of
State of Haryana Vs. State of Punjab, 2002 AIR (SC)
685, this Court passed an order of status quo with regard
to the projects, concerning which, work orders have already
been issued.
4. In this case also, the work order has already been
issued in favour of Respondent no.3 by the State
Government which is suspended by the impugned order.
Learned AGP seeks time to take instructions.
5. In our prima facie view, the State Government
already having issued orders after having approved the
budget for the said work awarded to the Respondent No.3
to be carried out in the Village of the petitioner panchayat,
cannot suspend such work which would result in lapse of
the budget already earmarked for the said work and that
Rameshwar Dilwale 20.wp.9744.22.odt
also without any basis.
6. Place the matter High on Board on 12th December
2022. Till the next date, there shall be ad- interim relief in
terms of prayer clause (C). Which reads thus;
C) Pending hearing and final disposal of this Writ
Petition, this Hon'ble Court be pleased to stay the
operation, implementation and effect of the Order dated
19th of July 2022, issued by the Respondent No. 1 State,
Exhibit D hereto and the Order dated 25 th of July 2022
issued by the Respondent No.1 State, Exhibit E hereto;
7. The learned AGP to communicate this order to the
concerned department forthwith.
8. Parties to act on authenticated copy of this order.
(S. G. DIGE, J.) ( R. D. DHANUKA J.)
