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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


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