907.WP-6394-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6394 OF 2026 Ashoka Sthapatya Limited ….Petitioner Versus The State of Maharashtra and Ors. ….Respondents ---- Mr. A.M. Kulkarni a/w. Mr. Sachin Pawar and Mr. Shailesh Chavan for the Petitioner. Mrs. Neha S. Bhide, GP a/w. Mr. P.P. Kakade, Addl. GP and Mrs. G.R. Raghuwanshi, AGP for Respondent Nos.1 to 3. ---- CORAM : RAVINDRA V. GHUGE, ACJ. & GAUTAM A. ANKHAD, J. DATE : 3rd SEPTEMBER, 2026 P.C. :- 1. Yesterday, when this matter was heard, we made it clear to the learned Advocate for the Petitioner that we would not entertain the Petitioner’s Petition, as it is in the nature of seeking a Writ of Mandamus for recovery of unpaid amounts from the State Government. It is settled law that the High Court should not indulge in issuing Writs, as if it is dealing with a recovery Suit. We, therefore, made it clear to the learned Advocate for the Petitioner that we would consider this Petition only if we notice undisputed amounts, due and payable. Gauri Gaekwad 1 of 3 GAURI AMIT GAEKWAD Digitally signed by GAURI AMIT GAEKWAD Date: 2026.09.05 10:38:13 +0530 907.WP-6394-2026.odt 2. The learned Addl. GP has tendered a copy of the communication received by him dated 2nd September, 2026 from the Deputy Director, Health Services (Transport), Pune, wherein it is stated that the Petitioner has been paid a substantial portion of the outstanding bills. An amount of Rs.12,15,40,524/- has been kept pending since an inquiry has been instituted in the light of certain complaints regarding the work performed by the Petitioner. After the inquiry is concluded, and if the Petitioner’s work is not under any objection, the Department may sanction the grants for making payment to the Petitioner. He adds that if there is an adverse finding regarding the quality of the work performed by the Petitioner, the Department may consider the same and take an independent decision. 3. Needless to state, if the Petitioner has any grievance about the conclusions drawn after the inquiry, which have led to the withholding of some of the amounts payable pursuant to the bills raised, the Petitioner would be at liberty to initiate appropriate recovery proceedings in the light of the same. Gauri Gaekwad 2 of 3 907.WP-6394-2026.odt 4. We expect the pending inquiry, which has commenced in 2025, to be concluded within a period of 120 days from today. 5. In view of the above, by recording the above statement, this Petition is disposed off. (GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE) Gauri Gaekwad 3 of 3