Dismissed¶12

M/S Kamla Printing Press v. State of U.P. and 2 Others

Allahabad HC28 Aug 2020WRIC/12431/2020

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What is this about?

M/S Kamla Printing Press v. State of U.P., WRIT - C No. 12431 of 2020, decided 28.8.2020 (Division Bench: Ramesh Sinha and Ajit Singh, JJ.) — maintainability of writ petition for contractual dues; disputed question of fact; alternative remedy under common law; Article 226 jurisdiction declined where decree in civil suit sought; work order of 2017; coordinate Bench precedent M/s R.S. Associate followed; petition dismissed.

What did the court decide?

The writ petition was dismissed as not maintainable, the Court holding that the petitioner has a remedy to apply under common law for recovery of the contractual dues. ¶12

M/S Kamla Printing Press Vs State of U.P. and 2… — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 1

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Case :- WRIT - C No. - 12431 of 2020

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Petitioner :- M/S Kamla Printing Press Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hemant Kumar,Pradeep Kumar Keshri

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Counsel for Respondent :- C.S.C.

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.

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Heard Sri Hemant Kumar, learned counsel for the petitioner and learned Standing Counsel for the respondents.

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By means of this writ petition, the petitioner has raised his grievance for non-payment of the outstanding dues arising out of work order issued by the respondents pursuant to which the petitioner has already completed work.

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From the perusal of record, we find that the work done by the petitioner is for the year 2017 and we fail to understand why the petitioner has approached this Court after so much lapse of time.

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Learned counsel for the respondents raised preliminary objection regarding maintainability of the writ petition as the disputed question of fact is involved with regard to the payment of dues arising out of the work done under a contract work. He has placed reliance upon the judgement and order of coordinate Bench of this Court passed in Writ-C No.-11544 of 2014 M/s R.S. Associate through proprietor Reeta Singh Vs. State of U.P decided on 24.2.2014, in which vide paragraph no.4 the Court has held as under:-

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"On the other hand, we have heard this petition for final disposal and we are firmly of the view that it will not be appropriate for this Court to exercise jurisdiction in the matter.

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It is true that there is no absolute bar in entertaining a petition in a contractual matter. However, in cases such as the present, several issues on facts which have been noted in the earlier part of this judgement have to be determined by the competent authority. The exercise of jurisdiction under Article 226 is not warranted for what the petitioner seeks in essence is a decree in a civil suit which cannot be granted in this proceeding, particularly having regard to the nature of the issues involved. The Court, therefore, declines to entertain this petition."

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In view of the above, we are of the considered opinion that the petitioner has remedy to apply under common law. Accordingly, the present writ petition is dismissed and consigned to record.

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Order Date :- 28.8.2020 Ashish Pd.

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(Ajit Singh, J.) (Ramesh Sinha, J.)

M/S Kamla Printing Press v. State of U.P. and 2 Others

Case brief

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M/S Kamla Printing Press v. State of U.P. and 2 Others

Case brief

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