Bombay High Court
M/S MANISHA CONSTRUCTION CO. THR. PARTNER GUNDAPPA L. MANEversusTHE STATE OF MAHARASHTRA THR. PUBLIC WORKS DEPT. AND ORS.
- Disposal
- Disposed Off
Holding
The petition is dismissed as infructuous because the tender has already been awarded and the work completed.
Summary
M/s Manisha Construction Co. filed a writ petition challenging a Short Tender Notice dated 05.05.2025 issued by the Maharashtra Public Works Department. The petition sought relief before the tender was awarded. No stay was granted; consequently, the tender was allotted and the work was completed. The Court held that the petition was infructuous as the subject matter had already been consummated. It disposed of the petition, noting that any grievances affecting future tenders may be raised in appropriate proceedings.
Issues considered
- Whether a writ petition challenging a short tender notice can be entertained after the tender has been awarded and the work completed
Subjects
- short tender
- writ petition
- infructuous
- public works department
- tender award
Judgment
34-WP-11503-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
HARISH
by HARISH
VITHAL CIRCUIT BENCH AT KOLHAPUR
VITHAL CHAUDHARI
CHAUDHARI Date:
2026.08.22
CIVIL APPELLATE JURISDICTION
13:01:23 +0530
WRIT PETITION NO. 11503 OF 2025
M/s Manisha Construction Co.
Thr. Partner Gundappa L. Mane ...Petitioner.
Versus
The State Of Maharashtra
Thr. Public Works Dept. And Others ...Respondents.
——————
Mr. Kalpesh Uttam Patil for the Petitioner.
Mr. A. P. Vanarase, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 21, 2026.
P. C. :
1. By the present petition, the challenge is to the Short Tender
Notice dated 05.05.2025 issued by respondent No. 2.
2. There was no stay granted, and subsequently, the tender has
been allotted and the work has been completed. The petition is,
therefore, disposed of as infructuous.
3. Needless to clarify, any pleadings in the present proceedings
which would come in the way of the petitioner in subsequent tenders
can be assailed in appropriate proceedings.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Harish 1 of 1
Checking your session…