Created by Fuzzy Cloud

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.


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.