The main legal point established in the judgment is the discretion of the High Court in entertaining or not entertaining a writ petition involving disputed questions of fact and a consequential relief of monetary claim under Article 226 of the Constitution of India.

JUDGMENT

Anil Kshetarpal, J(Oral) - The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

2. The question which arises for determination is "whether it would be appropriate to start entertaining writ petitions for recovery of the disputed amount, at the behest of civil contractors, from the State or its instrumentalities?

3. Through this writ petition, the petitioner has invoked the extra ordinary writ jurisdiction of this Court, seeking the following substantive reliefs:-

"Issue a writ of certiorari quashing the decision dated 27.2.2017 (P-20) conveyed vide letter bearing sr.no 364 by the Executive Officer, M.C., Narwana (respondent no 5) as per which the demand of the petitioner society for the revised work has been declined on the ground that neither any revised work order was issued nor any administrative approval thereto was accorded by the Deputy Commissioner Sirsa;

(ii) Issue a writ in the nature of mandamus directing the Respondents to release the balance payments of the duly completed work relating to construction of street by providing CC paver blocks from Sir Chhotu Ram Park to Escort Agency in Ward No 17 (Part I) as extended further vide resolution no 162 7.5.2015 (Annexure P4) extending the work from Rs. 5 lacs to 19 lacs; the completion of which was inspected, checked, verified and evaluated vide MB No. 216 (Annexure P5) (at its pages 6, 19, 20 and 21 and a final bill ofRs 18,61,965/- (Annexure P6) was prepared out of which a sum of Rs. 7,28,315/- has been paid after deducting sales tax ofRs. 46207/-; TDS 8801/-, labour cess 8801/- and security @ 10% i.e Rs 88013/- and thus a sum ofRs. 10,69,841/- is still payable by MC Narwana to petitioner society in respect of Part-I; and also in respect of construction of street by providing CC paver blocks from Sir Chhotu Ram Park to Escort Agency in Ward No. 17 (Part II) as extended further vide resolution no. 163 dated 7.5.2015 (Annexure P4) extending the work from Rs.5 lacs to 19 lacs; of work done by the petitioner vide work order no.51 dated 27.3.2015 (Annexure P-l) and also the work order no.52 dated 27.3.2015 (annexure P-2); the completion of which was inspected, checked, verified and evaluated by Junior Engineer and Municipal Engineer in the MB to the tune of Rs. 1905070/- recommending for payment of Rs. 19.00 lacs for payment as per MB No.216 (Annexure P-5) after deducting 10% security amount 1,90,000/-; sales tax 99750/-; 1% income tax 19000/-; 1% labour cess 19000/-; and thus a sum of rs.15,72,250/- as per final bill (annexure P-7) is still being withheld and withholding the aforesaid amount of the completed works as per aforesaid job orders/extended job orders is arbitrary, wrong and incorrect, misuse of powers and monopolistic and thus the respondents are bound to pay the aforesaid amount with interest and costs etc. "

4. As noticed from the prayer clause, the petitioner seeks the quashing of an order passed by the Executive Officer, Municipal Council, Narwana on 27.02.2017.

5. In substance, the petitioner is a contractor, who was allotted 2different civil works for laying paver blocks in the year 2015. It is the case of the petitioner that when he was executing the work as originally allotted, he was given revised orders and the scope of his work was enhanced/increased. The petitioner claims that although, he has successfully completed the work, however, complete payment thereof has not been released. It is an admitted fact that some part of the payment has been released. Pursuant to the directions in Civil Writ Petition No.24418 of 2016, filed by the petitioner herein, the Executive Officer, Municipal Council, Narwana, has passed a detailed order on 27.02.2017. On careful reading of the order, it is apparent that the Municipal Council, Narwana, has taken a stand that no revised work order has been issued by it. Still further, the order in question was passed on 27.02.2017. This writ petition has been filed aft