Judgment
7WP403-23.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 403 OF 2023 Ram Dashrath Kore.
...Petitioner Vs.
Chief Executive Officer Zillha Parishad Thane & Ors. ...Respondents _________ Mr. Sandeep Kumar Singh, for the Applicant/Petitioner.
Mr. B. V. Samant, Addl. Govt. Pleader, for the State.
__________ CORAM:
G. S. KULKARNI & AARTI SATHE, JJ.
DATE:
3 AUGUST 2026.
P.C.
1.
This petition under Article 226 of the Constitution of India prays for the money decree. The substantive prayer reads thus:- “a) This Hon’ble Court be pleased to issue Writ of Mandamus, or a Writ, Order or Direction in the like Nature or any other appropriate Writ, order or direction, thereby directing the Respondents to release the payment of the work order dated 08.03.2019 of bill of amount of Rs.48,87,678.83/- and GST of Rs.5,86,521.45/- totally amounting to Rs.54,74,200.28/- with further interest of 18% on the said amount from November 2020 till the final release date to the petitioner.” 2.
Although this Court on 21 March 2023 has passed an order observing that it is only if the amount claimed by the petitioner is admitted by the respondents, then only the writ petition would be entertained. However, we do not find from the record that the Chief Executive Officer has, in any manner, admitted the petitioner's claim for payment of such amount. We cannot examine the calculations furnished by the petitioner, as also the contractual terms of the tender Page 1 of 2 3 August 2026 P. V. Rane PRASHANT VILAS RANE Digitally signed by PRASHANT VILAS RANE Date:
2026.08.06 15:49:12 +0530
7WP403-23.DOC awarded to the petitioner, and adjudicate this petition as if it is a civil suit. We are, accordingly, of the clear opinion that the petition is not maintainable.
3.
The appropriate remedy available to the petitioner is to institute a civil suit. In the event the petitioner files a civil suit, within four weeks from today, the benefit under Section 14 of the Limitation Act is available to the petitioner, as the petitioner was pursuing this petition bona fide.
4.
The petition is, accordingly, dismissed with the above observations. No costs.
(AARTI SATHE, J.)
(G. S. KULKARNI, J.)
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