1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.445 OF 2009 Shri Badhu Dharmu Jadhav .. Petitioner Vs. The State of Maharashtra & Ors. .. Respondent Mr.V. D. Patil i/b Mr. V. Y. Jadhav for the petitioner Ms.M.P.. Thakur, A.G.P. for respondent nos.1 to 5 CORAM : J. N. Patel & Smt. Mridula Bhatkar, JJ DATE : June 15, 2009 P.C. : 1. This petition is filed by the petitioner for recovery of dues to the tune of Rs. 9,86,167/- with interest @12%p.a. from the year 2002. It is contended that the petitioner has carried out the work of construction of road and leveling of soil with the machineries in District Satara. 2. The petitioner is a contractor and for this work he has hired many labourers. However, the dues of this work were not paid by the respondents till today. This work of construction was carried out in the year 2002-2003 and the petition is filed in November 2008 i.e. nearly after 5 years. However, the petition is filed for the recovery of the due amount for which the petitioner 2 had a remedy before the Civil Court by filing a suit for money recovery which he had not opted for, as he should have filed the same within the period of limitation i.e. within period of 3 years. 3. For the reason given above, the petition is dismissed on ground of delay and latches. Petition is dismissed accordingly. ( J. N. Patel, J) (Smt.Mridula Bhatkar, J)