Bombay High Court
THE SUPERINTENDENT ENGINEER JALGAON AND OTHERversusSUNIL SHAMRAO CHOUDHARI AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition was disposed of as infructuous due to the petitioners' non‑appearance, and the civil application seeking to vacate the interim relief was likewise dismissed.
Summary
The Superintendent Engineer, Jalgaon filed a civil application seeking to vacate interim relief granted in a writ petition that challenged a 2023-24 tender for private security guards at the Warangaon Talwel Lift Irrigation Project. The writ petition alleged that the tender violated government resolutions dated 08/11/2006 and 19/03/2014 issued by the Ministry of Power and Labour and the Ministry of Law and Judiciary. The petitioners failed to appear before the court on the hearing date and again on the subsequent date. The Court held that the petition, having become infructuous due to non‑appearance, could not be entertained. Consequently, the writ petition was disposed of as infructuous and the pending civil application was also dismissed.
Issues considered
- What is the effect of non‑appearance of petitioners on the continuance of a writ petition?
- Whether the tender for private security guards violates the 2006 and 2014 government resolutions.
Subjects
- writ petition
- interim relief
- non‑appearance
- infructuous petition
- government resolutions
- public procurement
Judgment
2026:BHC-AUG:31465-DB
1 25-CA 2782-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 2782 OF 2026
IN WP/12914/2023
The Superintendent Engineer, Jalgaon
And Another .. Applicants
Versus
Sunil Shamrao Choudhari And Others .. Respondents
Mr. Ajay D. Pawar, Advocate for Applicants.
Mr. A. R. Kale, Addl.G.P. for Respondent-State.
Mr. V. B. Patil, Advocate for Respondent No. 5.
WITH
WRIT PETITION NO. 12914 OF 2023
Sunil Shamrao Choudhari And Others .. Petitioners
Versus
The State of Maharashtra And Others .. Respondents
None for Petitioners.
Mr. A. R. Kale, Addl.G.P. for Respondent-State.
Mr. Ajay D. Pawar, Advocate for Respondent No. 4.
Mr. V. B. Patil, Advocate for Respondent No. 5.
CORAM : KISHORE C. SANT AND
AJIT B. KADETHANKAR, JJ.
DATE : 27th JULY, 2026.
PER COURT :-
1. Civil Application No. 2782/2026 is filed for vacating interim
relief granted in the main petition. Prayer clause B in the main
2 25-CA 2782-2026.odt
writ petition reads as under :
“B] By issuing appropriate writ or direction like in nature
it may please be held that, the impugned tender for the
year 2023-2024 for providing Private Security Guards for
security purpose at Pump House No. 1, Pump House No. 2
and Stores of Warangaon Talwel Lift Irrigation Project Tq.
Bhusawal Dist. Jalgaon is in violation of government
resolutions dated 08/11/2006 and 19/03/2014 issued by
Ministry of Power and Labour and Ministry of Law and
Judiciary Department Mantralaya Mumbai.”
2. None was present for the petitioners in writ petition on the
last occasion. None is present for the petitioners even today.
3. Considering the prayer in the petition this Court finds that
the petition has rendered infructuous.
4. Considering above, the writ petition stands disposed of as
infructuous.
5. In view of disposal of writ petition, present civil application
also stands disposed of.
( AJIT B. KADETHANKAR, J.) ( KISHORE C. SANT, J. )
P.S.B.
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