Bombay High Court

JAYWANT DEVIDAS MANDALEversusSTATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court granted permission to withdraw the writ petitions and stayed the finalization of the tenders until the objections are decided.

Summary

A group of petitioners filed multiple writ petitions challenging the finalization of tenders issued by the State of Maharashtra. The petitioners sought permission to withdraw the writs so they could pursue the remedy provided under Clause 55 of the tender document. The High Court allowed the withdrawal, disposing of the petitions as withdrawn. The Court also ordered that the tenders not be finalized until the petitioners' objections are decided, directing a decision within fifteen days of filing. The order reflects the Court’s discretion to permit withdrawal of pending writ proceedings and to stay administrative actions pending resolution of substantive objections.

Issues considered

Whether a petitioner may be permitted to withdraw a pending writ petition to avail an alternative statutory remedy.
Whether the Court can stay the finalization of tenders pending determination of the petitioners' objections.

Subjects

writ petition
withdrawal
tender
Clause 55
public procurement
stay order
administrative law

Judgment

2026:BHC-AUG:43353-DB




                                             1                902 to 910 wp 12708.26

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

                            902 WRIT PETITION NO. 12708 OF 2026

                        Jaywant Devidas Mandale                ..   Petitioner
                             Versus
                        The State of Maharashtra and others    ..   Respondents

                                           AND
                            903 WRIT PETITION NO. 12721 OF 2026

                        Dipak Pradip Desle                     ..   Petitioner
                             Versus
                        The State of Maharashtra and others    ..   Respondents

                                           AND
                            904 WRIT PETITION NO. 12722 OF 2026

                        Sakharchand Baburao Shelar             ..   Petitioner
                             Versus
                        The State of Maharashtra and others    ..   Respondents

                                           AND
                            905 WRIT PETITION NO. 12723 OF 2026

                        Sandip Pradip Desle                    ..   Petitioner
                             Versus
                        The State of Maharashtra and others    ..   Respondents

                                           AND
                            906 WRIT PETITION NO. 12724 OF 2026

                        Pradip Suresh Sawle                    ..   Petitioner
                             Versus
                        The State of Maharashtra and others    ..   Respondents

                                           AND
                            907 WRIT PETITION NO. 12725 OF 2026
                             2                902 to 910 wp 12708.26

     Tulshidas Ramdas Ahire                    ..   Petitioner
          Versus
     The State of Maharashtra and others       ..   Respondents

                         AND
          908 WRIT PETITION NO. 12726 OF 2026

     Mukesh Shankar Bhore                      ..   Petitioner
          Versus
     The State of Maharashtra and others       ..   Respondents

                         AND
          909 WRIT PETITION NO. 12727 OF 2026

     Satish Laxman Shelar                      ..   Petitioner
           Versus
     The State of Maharashtra and others       ..   Respondents

                         AND
          910 WRIT PETITION NO. 12728 OF 2026

     Ravindra Jagannath Patil                  ..   Petitioner
          Versus
     The State of Maharashtra and others       ..   Respondents

Shri Arvind K. Tiwari, Advocate for the Petitioner in all matters.
Shri V. M. Kagane, A.G.P. for the Respondent Nos. 1 to 4 in W.
P. No. 12708/2026 and W. P. No. 12725/2026.
Shri S. R. Wakle, A.G.P. for the Respondent Nos. 1 to 4 in W. P.
No. 12721/2026 and W. P. No. 12726/2026.
Shri B. B. Bhise, A.G.P. for the Respondent Nos. 1 to 4 in W. P.
No. 12722/2026 and W. P. No. 12727/2026.
Ms. Neha B. Kamble, A.G.P. for the Respondent Nos. 1 to 4 in W.
P. No. 12723/2026 and W. P. No. 12728/2026.
Ms. S. S. Joshi, A.G.P. for the Respondent Nos. 1 to 4 in W. P.
No. 12724/2026.
Shri Ajit M. Gholap, Advocate for the Caveator in all matters.
Shri Vikram S. Undre, Advocate for the Caveator in all matters.
                               3                 902 to 910 wp 12708.26

                   CORAM : NITIN B. SURYAWANSHI AND
                           ABASAHEB D. SHINDE, JJ.
                    DATE : 22ND SEPTEMBER, 2026.

ORDER :


.     At the outset learned counsel for the petitioners on
instructions seeks permission to withdraw the writ petitions so
as to avail the remedy as is available under Clause No. 55 of the
tender document.


2.    Permission is granted. The writ petitions are disposed of
as withdrawn.


3.    Till the objections of the petitioners are decided, the
tenders shall not be finalized. Objections be decided within a
period of fifteen (15) days from the date of filing.



[ABASAHEB D. SHINDE, J.]             [NITIN B. SURYAWANSHI, J.]



bsb/Sept. 26

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