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2024 Supreme(Raj) 772

SHREE CHANDRASHEKHAR, KULDEEP MATHUR
GVPR Engineers Limited, through its Authorized signatory Mr. Kamal Hindonia, son of Sh. Madan Mohan – Appellant
Versus
State of Rajasthan, through Chief Engineer (Project) Public Health Engineering Department – Respondent


Advocates Appeared:
For the Appellant : Mr. M.S. Singhvi, Sr. Adv. assisted by Mr. Abhishek Mehta.
For the Respondents: Mr. Sajjan Singh Rathore, AAG; Ms. Aditi Moad, AAAG

ORDER :

(Shree Chandrashekhar, J.) :

GVPR Engineers Limited is aggrieved by the order dated 29th July 2024 by which S.B. Civil Writ Petition No.12533/2024 has been dismissed observing as under:-

    “5. Further, admittedly, the deductions sought to be made by the respondent-Department are being made in terms of Clause 2 of the agreement in question. Firstly, as is the settled position of law, no writ is maintainable in contractual matters. Secondly, so far as Clause 2 of the agreement is concerned, it provides for deduction of amount from running bills if the pro-rata progress, as required, is not maintained. The dispute as to whether the pro rata progress was maintained and as to whether the amount of deduction as sought to be made, could be made, are totally disputed questions of fact. Thirdly, the fact as to whom the delay in completion of the work was attributable, is also a totally disputed question of fact which cannot be gone into by this Court in writ jurisdiction. The remedy of the petitioner lies somewhere else.”

2. The appellant-firm has pleaded that pursuant to NIB dated 2nd February 2022 for supply of drinking water to 306 villages in the District of Jalore under the Jal Jeeva

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