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MANISH CHOUDHURY
Uttam Kumar Saha S/o Late Mahendra Mohan Saha – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. Heard Mr. P.K. Roychoudhury, learned counsel for the petitioner; Mr. B. Choudhury, learned Standing Counsel, Public Works Department (PWD) for the respondent nos. 1, 4 and 5; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue and Disaster Management Department for the respondent no. 2 and Mr. R. Talukdar, learned Junior Government Advocate, Assam for the respondent no. 3.
2. The petitioner has instituted the instant writ petition under Article 226 of the Constitution of India seeking inter-alia a direction to the respondent authorities to release an amount of Rs. 39,60,520.00, which amount, according to the petitioner, has remained outstanding to be payable to him against a contract-work executed by him on behalf of the respondent authorities.
3. The background facts leading to institution of the instant writ petition can be narrated, in brief, as follows.
4. Pursuant to a tender process initiated for a contract-work “Restoration of flood damages to Karchowabori Goroimari Road under SDRF for the year 2013-14 (under Jagiroad LAC)” (‘the Contract-Work’ for short) with the publication of a notice inviting tender, the petitioner participated in the sa
Reimbursement of amount - Entitlement of - Grant of relief of this nature would virtually amount to a money decree. Petitioner is at liberty to take recourse to remedies available by raising such a c....
The High Court has the jurisdiction to entertain a writ petition involving disputed questions of fact in contractual matters with the State and its instrumentalities.
A writ petition is not the appropriate remedy for disputes relating to contractual obligations. Such disputes should be resolved through civil suits.
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