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2006 Supreme(SC) 828

B.P.SINGH, ALTAMAS KABIR
Food Corporation Of India – Appellant
Versus
Harmesh Chand – Respondent


ORDER

Heard counsel for the parties.

2. Leave granted.

3. The High Court by its impugned judgment and order issued a writ of certiorari quashing the order dated January 17, 2003 whereby the contract of the respondent herein had been cancelled, and the order dated March 30, 2003 by which the District Magistrate, Kapurthala was directed to recover the amount of Rs.3,43,138/- from the account of the respondent herein at Kapurthala. The High Court also issued a writ of mandamus directing the appellant herein to permit the petitioner – respondent to continue to work in pursuance of the contract awarded to the respondent on October 5, 2002.

4. The contract was for a term of two years which has expired on October 4, 2004.

5. The grievance of the appellant is that the High Court ought not to have gone into seriously disputed questions of fact in its writ jurisdiction. The writ petitioner (respondent herein) challenged the action of the appellant contending that he was prevented by the appellant from working the contract. This was disputed by the appellant. It was submitted before us by reference to the record of an earlier petition under Section 482 Cr.P.C. filed by the respondent wherein his





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