MAHARASHTRA STATE CONTRACTOR ASSOCIATION THROU. PRESIDENT S. H. KADU v. THE STATE OF MAHARASHTRA THROU. CHIEF SECRETARY AND ORS
Discusses the principle of "clean hands" in approaching court and interpretation of government resolutions.
Court: Bombay High Court
Citation: 2025:BHC-AS:26040-DB
Decision Date: 26-06-2025
List of Laws
Constitution of India, 1949; General Principles of Law; Government Resolutions (GR)
- Constitution of India, 1949: The judgment discusses Article 226 of the Constitution of India, noting that the remedy of invoking writ jurisdiction under this article is both extraordinary and discretionary. The court stated that this remedy cannot be permitted to be exercised by a person approaching the Court with unclean hands by suppressing relevant information.
- General Principles of Law: The judgment discusses the principle that a party approaching the court must do so with "clean hands", meaning they must not suppress relevant information. The court found that the Petitioner-Association had suppressed vital information by not disclosing the filing of previous similar petitions and the orders passed therein. The court deprecated such a course of action and imposed exemplary costs on the Petitioner-Association for abusing the process of law.
- Government Resolutions (GR): The judgment refers to Government Resolution dated 5 April 2023, which encourages awarding contracts to unemployed educated engineers and labour contract societies by providing for reservation of 40% works. The court found that this GR does not obligate the Zilla Parishad to undertake individual works of smaller amounts by floating distinct tenders. The judgment also mentions GR dated 9 September 2017, stating that it is not applicable to the impugned tender notices because it pertains to road work, whereas the present case involves works in schools. The court quotes a relevant part of the GR: "3.4 Clubbing of works The work shalt be clubbed together if they are in one continuous length-of the road. However, no clubbing shall be resorted to if the works-are distinctly apart from each other and are not on the same road. For achieving good quality in execution, the minimum road length shall be 10 Km and in case of building / maintenance single estimate shall be prepared for one entire building."
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