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2010 Supreme(All) 3147

PRADEEP KANT, RITU RAJ AWASTHI
AMETHI BUILDERS ASSOCIATES – Appellant
Versus
NIDESHAK, RAJYA PARIYOJNA KARYALAYA, SARVA SHIKSHA ABHIYAN, NISHAT GANJ,LUCKNOW – Respondent


Advocates:
Counsel :
Raj Kumar Pandey for the Petitioner; Lalit Tiwari and A.M. Tripathi for the Respondents.

JUDGMENT

By the Court.—Heard the counsel for the petitioner Sri Raj Kumar Pandey and Sri Lalit Tiwari holding brief of Sri A.M. Tripathi for the respondents.

2. The petitioner has filed this petition, claiming payment of the amount towards the work done under a private contract. The ground for not making the payment is shortage of funds i.e. non-release of funds by the concerned authority.

3. Under the circumstances, we cannot entertain the writ petition nor can issue a direction for making payment.

4. Reliance is being placed upon the case of M/s. Satish Chandra v. State of U.P. and others (Writ Petition No. 6017 (MB) of 2005 and other connected matters) decided on 21.9.2005, wherein under the circumstances and conditions mentioned in the order, directions have been issued for payment of the admitted amount.

5. In a case where either the amount is not admitted to the concerned authority, as per the observations made in the aforesaid case of M/s. Satish Chandra, or where there is dispute regarding entitlement of amount claimed, writ petition cannot be entertained.

6. The contract being of purely private nature, the non-payment of the amount would only be a breach of contract, which








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