Bombay High Court
GRAMPANCHAYAT PETHWADAJ THROUGH ITS SARPANCHversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the respondents must issue the e‑tender within two months and proceed with the construction, as the administrative and technical sanctions are enforceable.
Summary
The Gram Panchayat Sarpanch of Pethwadaj filed a writ petition seeking court directions to implement a Government Resolution dated 15‑10‑2024 and a technical sanction dated 18‑08‑2025 for constructing a meditation hall, multipurpose hall and library. The petitioner alleged that despite the technical sanction of Rs.13,01,44,500, the authorities had not proceeded to issue an e‑tender or commence construction. The State, through its Advocate‑General, submitted a communication stating that the e‑tender would be issued within two months, subject to suggestions from the local MLA. The Court examined whether the respondents were bound to act on the administrative and technical sanctions and whether it could compel them to issue the e‑tender within the stipulated period. It directed the authorities to issue the e‑tender within two months and to complete the tendering and construction process expeditiously, noting that any MLA suggestions must be considered within that period. The petition was consequently disposed.
Issues considered
- Whether the State authorities are legally bound to implement the Government Resolution and technical sanction by issuing an e‑tender within a specified timeframe.
- Whether the High Court can issue mandatory directions to compel administrative action in the context of a social welfare development scheme.
Subjects
- government resolution
- technical sanction
- e‑tender
- administrative law
- public works department
- social welfare scheme
- Gram Panchayat
- court direction to administrative authority
Judgment
-1-
wp1233.26.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
22 WRIT PETITION NO. 1233 OF 2026
Grampanchayat Pethwadaj
Through Its Sarpanch ….Petitioner
VERSUS
The State of Maharashtra & others …..Respondents
Mr. M. S. Shaikh, Advocate for the Petitioner.
Mr. A. M. Phule, AGP for the State.
CORAM : SMT VIBHA KANKANWADI
& HITEN S VENEGAVKAR, JJ.
DATE : 4th MARCH, 2026.
PER COURT : (PER : HITEN S. VENEGAVKAR, J.)
1. The present petition is filed for directions to the
Respondents/authorities to act in accordance with the administrative
sanction in the nature of Government Resolution dated 15.10.2024
issued by Respondent no. 1 vis-a-vis technical sanction dated
18.08.2025 so as to commence and conclude the construction of
work in relation to construction of meditation hall, multipurpose hall
and library building at village Pethwadaj, Tq. Kandhar, Dist. Nanded.
The Petitioner further prays for direction to the
Respondents/authorities to act in accordance with the
-2-
wp1233.26.odt
communication dated 16.10.2025 in relation to the construction of
the abovementioned work.
2. The Petitioner is duly elected Gram Panchayat Sarpanch of
village Pethwadaj and, for the development of the said village, the
State of Maharashtra has issued Government Resolution dated
15.10.2024 under the scheme of Bharatratna Dr. Babasaheb
Ambedkar Samajik Vikas Yojana and granted administrative sanction
in relation to the construction of certain development work in the
village. It is stated by the Petitioner that in pursuance to the
administrative sanction by the State of Maharashtra, the Collector,
Nanded, forwarded a comprehensive proposal to the Commissioner,
Social Welfare, for abovereferred construction work in accordance
with Government Resolution and with request to undertake further
process. It is the grievance of the Petitioner that after receipt of the
comprehensive proposal from the District Collector, the Chief
Engineer of Public Works Department issued a communication dated
18.08.2025 thereby granting technical sanction for construction to
the extent of Rs. 13,01,44,500/-. However, nothing further has
progressed and on account of inaction on the part of the
Respondents authorities, directions are sought to implement the
Government Resolution as well as technical sanction which has
-3-
wp1233.26.odt
already been granted thereby directing the authorities to take up the
process of issuing e-tender notice and to start the work of
construction of the above mentioned infrastructure.
3. Learned Advocate for the Petitioner has invited our attention to
the communication dated 16.10.2025 wherein the communication
clearly mentions about the grant of technical sanction. However,
thereafter no progress for initiating the further process and complete
the construction of the work.
4. Learned AGP for the State tenders a communication dated
02.03.2026 addressed to the office of the Government Pleader
wherein the office of Assistant Commissioner, Social Welfare, Nanded,
has mentioned that all the necessary procedure and process has
been completed in respect of construction of the above referred work
and AGP on instructions, makes a statement that the process of
issuing e-tender notice will be initiated within a period of two months
from today. The statement is accepted as undertaking to this Court.
5. On perusal of the communication dated 02.03.2026, it is noted
that the letter makes a reference to the local MLA who has expressed
his desire to make certain suggestions in respect of the work that is
required to be carried out. The letter expressly mentions that the
-4-
wp1233.26.odt
authorities will hold meeting with the said MLA and his suggestions
be taken into consideration. We make it clear that being a local
representative, if the MLA makes any suggestions then said
suggestion be taken into consideration, however, the period of two
months should be strictly abided and all the suggestions, if received
from the MLA, should be taken into consideration only within the
aforestated period. In any case, if the MLA fails to give any
suggestion within the period of two months, the authorities should
proceed on the basis that there are no suggestions, from MLA and
need not wait for issuing e-tender notice and proceed with the
process towards completion of construction work of abovereferred
work.
6. On the aforestated grounds and reasons, we dispose of the
present petition by directing the authorities to take up process of e-
tender within a period of two months and thereafter complete the
process of allotting tender, completion of process and getting the
construction of referred infrastructure as expeditiously as possible.
Writ petition stands disposed of accordingly. No order as to costs.
( HITEN S. VENEGAVKAR ) ( SMT. VIBHA KANKANWADI )
JUDGE JUDGE
dyb
Checking your session…