The court held that a writ petition cannot be used to decide money claims involving disputed questions of fact and that such claims cannot be decided in writ jurisdiction.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Present Petition is filed to enforce money claim against the Respondents. Petitioner seeks direction to the respondents to disburse amount of Rs.3,00,64,762/- along with interest at the rate of 18% towards reimbursement of benefits provided by it to the end users. The claim is raised towards subsidy for installation of Solar Water Heating Systems from time to time under the program of ‘Off-Grid and Decentralized Solar Applications’. The petitioner has sought following prayers:

‘A] The Hon’ble High Court may be pleased to issue a writ of mandamus or any other appropriate writ, order of direction in the nature of writ and thereby direct the Respondents to honour the commitment made to the present petitioner as a channel partner for implementation of Jawaharlal Nehru National Solar Mission.

B] The Hon’ble High Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of writ and thereby direct the Respondents to disburse an amount of Rs.3,00,64,762/- along with interest @18% to the petitioner towards the reimbursement of benefits provided by the petitioner company to the end users.

C] Pending hearing and final disposal of this Writ Petition, the Hon’ble High Court may be pleased to direct the Respondents to maintain the balance amount of Rs.56 Crores as it is with Respondent No.2.

D] Any other just and equitable relief to which the petitioner may be found entitled may be granted.’

2. The amount of Rs.3,00,64,762/- represents claims under several heads and which have been rejected by the Respondents citing different reasons for each claim. By filing their respective affidavits-in-reply, both respondent nos.1 and 2 have opposed the claim of the petitioner stating that the same involves factual disputes.

3. We therefore put across to Mr. Subodh Shah, the learned Counsel appearing for the petitioner as to how writ petition under Article 226 of the Constitution of India could be entertained to decide money claim involving factual disputes. Mr. Shah would contend that there are no disputed questions of fact and the entitlement of the petitioner can be decided only by perusal of documents and interpreting the provisions of the scheme. That the action of the Respondents is barred by principles of promissory estoppel. He contends that even if some artificial disputes are created by Respondents in respect of other claims, the first claim of Rs. 2,04,42,980/- did not involve any factual dispute and can be adjudicated and awarded by this Court in present Petition.

4. Mr. Shah would rely upon following decisions in support of his contentions:

(i) ABL International Ltd and another Vs. Export Credit Guarantee Corporation of India Ltd and Others (2004) 3 SCC 553

(ii) Food Corporation of India and another Vs. SEIL Ltd and Others (2008) 3 SCC 440

(iii) Popatrao Vyankatrao Patil Vs. State of Maharashtra and Others (2020) 19 SCC 241

(iv) Motilal Padampat Sugar Mills Co. Ltd Vs. State of Uttar Pradesh and Others, (1979) 2 SCC 409.

(v) Decision of the Single Judge of the Andhra Pradesh High Court in Rayapureddy Srinivasa Rao and Others Vs. Government of Andhra Pradesh, 2021 SCC OnLine AP 3084

5. Mr. Talhar, learned A.S.G. appearing for respondent no.1 and Mr. Totala, learned Counsel appearing for respondent no.2 have opposed the petition and have taken us through each head of the claims of the petitioner and justification cited in the affidavits-in- reply for rejection of the same. They would submit that each of the claim of the petitioner involves disputed questions of fact and therefore, this Court should not entertain the petition.

6. After having heard the learned Counsels for the parties at length and after perusal of the pleadings and documents on record, we are of the considered view that the petition does involve disputed questions of fact. The total money claim of