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Bombay High Court

ASHRAYA KRUSHI SEVA PRATISTHAN THROUGH ITS CHAIRMANversusTHE STATE OF MAHARASHTHRA THR. SECRETARY FOR MAHARASHTRA STATE ROAD TRANSPORT

Decided
Disposal
Disposed Off

Holding

The High Court held that writ jurisdiction under Article 226 does not extend to disputes over termination of contracts involving financial consequences.

Summary

The petitioner, Ashraya Krushi Seva Pratisthan, filed a writ petition under Article 226 challenging the termination of a contract with the State of Maharashtra, alleging financial loss. The Court examined whether its writ jurisdiction extends to disputes involving termination of contracts with monetary implications. It held that such matters are not within the scope of Article 226 and should be pursued in a civil court where damages can be quantified. Consequently, the petition was dismissed, with the Court noting that the dismissal does not bar the petitioner from approaching a civil court for relief. The decision emphasizes the appropriate forum for contractual disputes involving public authorities.

Issues considered

  • Whether the High Court can exercise writ jurisdiction under Article 226 in matters concerning termination of contracts with financial implications.

Subjects

  • Article 226
  • Writ jurisdiction
  • Contract termination
  • Civil court remedy
  • Damages quantification
  • Public authority

Judgment

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.7905 OF 2026
Ashraya Krushi Seva Pratisthan, Mumbai                         .. Petitioner
                Vs.
The State of Maharashtra,
Through Maharashtra State Road Transport
Corporation and Ors.                                           .. Respondents


Mr. Narayan Bubna, Advocate for the Petitioner.
Mr. O.A. Chandurkar, Additional Government Pleader with Mrs. Apurva
Thipsay, ‘B’ Panel Counsel, for the Respondent-State of Maharashtra.


                         CORAM :          RAVINDRA V. GHUGE, ACJ. &
                                          GAUTAM A. ANKHAD, J.
                         DATE       :     19th August, 2026.

P.C. :


1.               We have heard the learned advocate for the Petitioner for

some time. We are not inclined to exercise our Writ jurisdiction under

Article 226 of the Constitution of India in matters of termination of

contracts involving financial implications. The Petitioner can assail the

termination before the Civil Court, get the damages quantified and

recover the same.


2.               In view of the above, this Petition is dismissed.


3.               Needles to state, if the Petitioner approaches the Civil Court

                                        1/2
926-WP-7905-2026.odt                                                           Dixit
                      for quantification of damages and reliefs connected therewith, the

                      dismissal of this Petition would not be an impediment and all

                      contentions of all the stakeholders are kept open.




                      [ GAUTAM A. ANKHAD, J. ]                 [ ACTING CHIEF JUSTICE ]




        Digitally
        signed by
SNEHA   SNEHA                                            2/2
ABHAY
        ABHAY DIXIT
        Date:         926-WP-7905-2026.odt                                            Dixit
DIXIT   2026.08.20
        14:16:22
        +0530


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