The disposal of a writ petition invoking Article 226 for the release of unpaid contractor dues. The Court held that such matters involve disputed questions of fact and are inappropriate for writ jurisdiction.
PETITIONER'S APPLICATION FOR RELEASE OF AMOUNT DISMISSED BY WAY OF WRIT; PETITION DISMISSED IN LIMINE.
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WPMS No.457 of 2014 Hon’ble Sudhanshu Dhulia, J.
Mr. P.K. Chauhan, Advocate, present for the petitioner.
Mr. Chetan Joshi, learned Brief Holder, present for the State/respondent nos. 1 to 4.
Petitioner is a contractor. He has done some work for the respondent no. 3, Executive Engineer, Electricity Distribution Division, Roshnabad, Haridwar for which payment has not been made. He now seeks relief from this Court by way of mandamus to respondents to release his amount.
Such matters cannot be agitated in the writ petition as, inter alia, it involves appreciation of disputed questions of fact. Petitioner has an appropriate remedy of filing civil suit.
In view thereof, the writ petition is dismissed in limine. No order as to costs.
(Sudhanshu Dhulia, J.) 05.03.2014
ML
1 issue framed by the court
Whether a dispute regarding unpaid work by a contractor can be adjudicated by way of a writ petition.
Petitioner
State / Respondents 1 to 4
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
