1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO. 245/2008 (The Ex. Eng. P.W.D., & anr. Vs. Suresh UttamNavghare) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mrs. B.H. Dangre, Addl. G.P. for applicants. Mr. V.G. Wankhede, Adv. for the N.A. CORAM : Smt. Vasanti A. Naik, J. DATED : 7 th MARCH, 2008. Heard the learned counsel for the parties. By this miscellaneous civil application, the applicants seek review/recall of the order passed by this Court on 13th December, 2007. By the order dated 13th December,2007, this Court had directed the applicants/respondents to provide work to the non-applicant/petitioner as and when it was available for repair and construction of Mehkar-Lavala Road or for any other project which was undertaken by the applicants/ respondents. This Court further directed the applicants/respondents to provide work to the non- applicant/petitioner as and when it was available during the pendency of the petition. By this application, it is brought to the notice of this Court that the work on the Mehkar- 2 Lavala Road is awarded by the Public Works Department to different contractors by inviting tenders. It is further stated in the application that the work on the road is carried out by the private contractors and each contractor is responsible for bringing raw material as well as for employing the persons to carry out the work. It is further submitted on behalf of the applicants that the aforesaid fact could not be brought before this Court when the order dated 13th December, 2007 was passed as the applicants had not filed any reply to the Civil Application No. 8553/2007 and this Court, therefore, arrived at a prima facie conclusion that certain work was available on Mehkar-Lavala Road. It is, thus, submitted on behalf of the applicants that it is not possible for the applicants to award any work to the non-applicant/petitioner on Mehkar- Lavala Road in view of the allotment of the work contract to the independent contractor through tender process. The non-applicant/petitioner has filed reply to the application and has disputed some of the facts mentioned in the application. It is, however, not disputed by the non-applicant that the work has been allotted by the Public Works Department to various contractors by inviting tenders. It is, however, stated in the reply that the 3 condition of the road specially on the internal side of Mehkar Tahsil is not good and a number of mail coolies are required for maintaining this road. On the basis of the aforesaid factual position, it is canvassed on behalf of the non-applicant that the statement made by the applicants about the non- availability of the work is incorrect. It is further stated in the reply that several other mail coolies who are junior to the non-applicant are working with the applicants as on today and hence the applicants are in a position to provide work to the non-applicant. It appears that the submissions made on behalf of the applicants are fortified by the documents which are annexed by the applicants to the application. The documents clearly demonstrate that the applicants have awarded the work contracts of maintenance of road to various independent contractors and the contractors are responsible for carrying out the work. It is clear from the documents produced on record that the contractors are entitled to engage the coolies for construction and repair work on Mehkar-Lavala road and also on other roads which are governed by the contracts. It is, thus, clear that the applicants would not now be in a position to provide work to the non-applicant on the Mehkar-Lavala Road though the work on the 4 said road is in progress. It is, however, fairly submitted on behalf of the applicants by the learned Additional Government Pleader that the applicants would consider the case of the non-applicant and provide work to the non-applicant as and when the applicants are in a position to do so. In this view of the matter, the order passed by this Court on 13th December, 2007, is hereby recalled so far as it directs the applicants to provide work to the non-applicant/petitioner for repair and construction of Mehkar-Lavala Road. The further direction issued by this Court by the same order directing the applicants to provide work to the petitioner as and when it is available during the pendency of the petition is, however, sustained. The order dated 13/12/2007 is modified to the aforesaid extent. Miscellaneous civil application is allowed and disposed of. JUDGE RMP