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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

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       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
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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
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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
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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
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