wp11288.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.11288 OF 2010 Ashok s/o Waman Mhatre, Director of Moreshwar Builders and Developers, A Partnership Firm, Having its office at- A-001, Vastu Apartment, Dindayal Road, Dombiwali (W)-421202, Through its Authorized Officer. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Secretary, Public Work Department, Mantralaya, Mumbai-32, 2) The Chief Engineer, Public Works Circular, Mumbai, 3) The Superintending Engineer, Public Works Circle, Nanded, 4) The Executive Engineer, Public Works Department, Nanded. ...RESPONDENTS. wp11288.10 2 ... Shri. R.N. Dhorde Advocate i/b. Shri. H.D. Deshmukh Advocate for Petitioner. Shri. N.B. Khandare, Government Pleader for Respondents. ... CORAM: NARESH H. PATIL AND S.V. GANGAPURWALA, JJ. DATE : 7TH FEBRUARY, 2011. PER COURT : 1. Heard learned counsel appearing for the respective parties. 2. The Petitioner challenges communication dated 29th November, 2010 issued by the Executive Engineer, Public Works Division, Nanded. Under the said communication, it is informed to the Petitioner that the work of construction which the Petitioner was doing, is being withdrawn from the Petitioner at his risk and cost and as per clause 3(c) of the contract agreement. The said wp11288.10 3 contract bearing No.983 of 2006 - 2007, was finally terminated under clause 3 (c) of the contract. The Petitioner was asked to remain present at the work site on 15th December, 2010 at 10.00 a.m., for taking final joint measurement of work done. The names of the officers of the Respondent who would be remaining present for joint measurement, are mentioned in the said communication. 3. Shri. Dhorde, the learned counsel appearing for the Petitioner submits that in the light of the history of the matter, previous litigations and conduct of the officers of the Respondents, it would be reasonable and proper to have a joint measurement in presence of Petitioner, his representative and responsible officers from Vigilance Department of the Respondent State/ P.W.D. Department. The Petitioner apprehends that the joint measurement conducted in the presence of the officers wp11288.10 4 mentioned in the communication, would not be done fairly in the light of the earlier history and the strained relations of the parties now. 4. On behalf of Respondent Nos. 3 and 4, affidavit in reply has been filed. Order passed by this Court in Writ Petition No.587 of 2010 is annexed. The copy of the order passed in Contempt Petition No.290 of 2010 is also placed on record by the State, along with the other documents. 5. Shri. Khandare, the learned Government Pleader submits that, it being contractual matter, the Petitioner is at liberty to resort to appropriate remedies, in case the Petitioner has any grievances. The Petitioner is called upon to remain present for joint measurement in presence of the responsible officers of the department. 6. In the light of the material placed on record and the fact that the contract of the wp11288.10 5 Petitioner is already terminated, we do not find that the Petition has raised cogent grounds to challenge the impugned communication. The Petitioner is at liberty to remain present for the purposes of joint measurement, on 15th February, 2011 at 11.00 a.m. Needless to mention that the Petitioner can resort to appropriate remedies in respect of any other grievances as regards subject contract. 7. In exercise of our extra ordinary writ jurisdiction, at this stage, we do not find that further interference is warranted. The Writ Petition stands dismissed. . Authenticated copy of this order be provided to the requesting parties. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL, J.] asb/FEB11/wp11288.10