JUDGMENT

D.N. Patel, A.C.J. - This Letters Patent Appeal has been preferred by the Original Petitioner, whose writ petition, being W.P.(C) No. 5340 of 2011, was dismissed by the learned Single Judge vide Judgment dated 18th December, 2014.

2. Having heard counsels appearing for both sides and looking to the facts and circumstances of the case, it appears that this is a money suit type of writ petition preferred by this appellant.

3. This appellant is claiming Rs. 5,25,858/- from the respondents mainly for the reason that deductible amount is Rs. 1,99, 405/- (10% of the sale proceeds of Khair Wood), whereas, amount deducted is Rs. 7,25,263/-.

4. The respondent Jharkhand State Forest Development Corporation Ltd. has also an arguable defence that more than 10% of the sale proceeds went towards publication of tenders etc.

5. Be that as it may, without analysing the detailed calculation of the amount to be paid to this appellant, the fact remains that this appellant has preferred a "Money suit type of writ petition". Respondents also have an arguable case. In these set of circumstances, we cannot exercise the power under Article 226 of the Constitution of India because cogent and convinc