1 wp4923.09.odt FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.4923/2009 ( Sau. Shantidevi Lokwani +1 ..V/s.. The Additional Commissioner, Amravati Division, Amravati +2) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Vinay Dahat, counsel for petitioner. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 19 th NOVEMBER , 2009 . Heard Mr. Dahat, learned counsel for petitioner. Learned counsel for petitioner states that though the present petition is not registered as a public interest litigation, it may be considered in the larger public interest. Present writ petition is directed against the impugned order dated 4/6/2009 passed by the Additional Commissioner, Amravati Division, Amravati whereby the work order dated 11/10/2008 issued in respect of work in question being adverse to the interest of the public exchequer. Learned counsel for petitioner has submitted that if the work is allowed to be progressed in view of the work order and the agreement which is entered into, in that event there will be a great financial loss to the public exchequer which could not 2 wp4923.09.odt be permitted and therefore, intervention of this Court is necessary in the larger public interest. Perusal of the order of Additional Commissioner shows that the government has sanctioned the scheme on 29th December 2006. Subsequently, the Municipal Council has made efforts to get some man power from the Maharashtra Jivan Pradhikaran. However, it declined to give man power to the Municipal Council. The project was scrutinized and reconsidered by the State Level Committee which has reduced the costs and given sanction. The matter was brought in the meeting of the Council and resolution was passed by majority. On 11/10/2008 work order was issued to the Agency. Notice was published in the news paper like ‘Hitawada’, ‘Lokmat’ etc., agreement is executed and agency has started work. It is also mentioned in the order that the entire process has been going on for more than a year. It is also mentioned in the order that since scheme is already approved and scrutinized by the Maharashtra Jivan Pradhikaran and also by the State Level Committee the Additional Commissioner did not feel it proper at such a belated stage to show indulgence. In the backdrop of the above referred facts, it is evident that the Additional Commissioner not shown any indulgence at such a belated stage when all the preliminary stages were over and the work has already started under the scheme. In the circumstances, we are also not inclined at such a belated stage to show any indulgence in the matter particularly when in view of the above referred facts, it appears that the issue was considered by the authorities at various stages before the 3 wp4923.09.odt work order was issued in favour of the Agency. Hence the petition is disposed of accordingly. JUDGE JUDGE Tambaskar.