WP 7101/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7101/2010 WITH CIVIL APPLICATION NO.5331/2011 Moreshwar Builders and Developers V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri V.D. Salunke, Advocate h/f Shri Shambhuraje V. Deshmukh, Advocate for petitioner. Shri N.B. Khandare, GP for respondent nos.1 to 4. CORAM: P.B. MAJMUDAR & S.S. SHINDE, JJ. Date: 02.05.2011 Heard learned counsel for the respective parties. The petitioner, who was given contract for construction of road, has filed this petition on the ground that the Department may give further extension to complete the work. The prayer accordingly made in the petition reads thus: “By issuing a writ of mandamus, orders, directions, or any other writ in the like nature, direct the respondents to pass appropriate WP 7101/10 2 orders on the application dated 25.6.2010 filed by the petitioner seeking extension up till 30.12.2010 to enable him to complete the work in question.” In our view, since the dispute is of a contractual nature, this Court cannot compel the respondents to extend the time for completing the contractual work. Learned Government Pleader appearing for the respondents states that even otherwise, the contract of the petitioner is already terminated. In our view, the remedy available to the petitioner is to file a civil suit before appropriate forum or to invoke arbitration clause, if any. The concerned forum will decide as to whether the contract was rightly terminated or not. This petition under Article 226 of the Constitution of India cannot be entertained and no relief in such a petition can be granted. Otherwise also, the prayer for extension for completing the work has become infructuous in view of termination of the contract. Learned Government Pleader at this stage points out that even termination of contract was challenged by the petitioner before this Court by filing Writ Petition No. 11288/2010 and the said petition was WP 7101/10 3 dismissed by this Court. The order of this Court was challenged by the petitioner and now the matter is pending before the Supreme Court. Be that as it may, since now the contract is terminated and the prayer for giving extension cannot be granted in extraordinary jurisdiction of this Court, this Court is not inclined to entertain the petition. Subject to what is observed above, the petition is rejected, however, granting the liberty to the petitioner to resort to appropriate remedy before the appropriate forum. In view of above order, Civil Application No.5331/2011 does not survive and disposed of as such. (S.S. Shinde, J.) (P.B. Majmudar, J.) Dt/- 02.05.2011 ndk/c2511