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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Gaurav Mehta – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks release of funds. (Para 1) |
| 2. work done but payment delayed. (Para 2) |
| 3. court's call for reasons on non-payment. (Para 3 , 4 , 5) |
| 4. disputes on payment subject to arbitration. (Para 6) |
| 5. jurisdiction established for writ petition despite disputed facts. (Para 7) |
| 6. writ jurisdiction may address contractual disputes. (Para 8 , 9) |
| 7. no dispute on work executed; payment must be made. (Para 10) |
| 8. petition allowed; payment ordered. (Para 11 , 12) |
JUDGMENT :
Sandeep Sharma, J.
1. By way of present writ petition, petitioner has prayed for following main relief:
“(a) That this Hon’ble Court may be pleased to issue writ of mandamus directing the respondents to immediately release the 1st & Final Bill of the work done as prepared by the Assistant Engineer, Nankhari i.e. respondent No. 4 (Annexure P-3) and Memorandum of Payment (Annexure P-4) as prepared by the Executive Engineer (B&R) Division Rampur Bushahr amounting to Rs. 41,41,918/- alongwith commercial rate of interest @ 12.75%.”
2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Sunil Mohan Goel, learned Senior Counsel representing the petitioner
Writ petitions against State entities for payment of due amounts are maintainable even with disputed facts; contract completion obligates the State to release funds promptly.
Writ petitions against State for contractual obligations are maintainable even with disputed facts; non-payment of dues despite work completion warrants judicial intervention.
A writ petition can be maintained against the State for contractual obligations even in the presence of disputed facts, ensuring fair treatment under Article 14.
Writ petitions against the State for contractual obligations are maintainable even with disputed facts; courts can direct payment when liability is clear.
Writ jurisdiction is not suitable for resolving contractual disputes involving disputed facts; such matters should be adjudicated in civil courts or through arbitration.
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