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2020 Supreme(All) 574
IN THE HIGH COURT OF ALLAHABAD
Pankaj Kumar Jaiswal, Saurabh Lavania, JJ.
Gold Star Green Seeds Pvt. Ltd. and Anr. – Petitioners
Versus
U.O.I. Through Secy. Ministry of Agriculture and Ors. – Respondents
Misc. Bench No. 8109 of 2020
Decided On : 26-05-2020
Advocate Appeared:
For the Petitioner: Amol Kumar, Shivanshu Mishr
For the Respondent: A.S.G., Vijayant
Point of Law:
The "right of action" being the right to commence and maintain an action is therefore distinguishable from "cause of action" in that the former is a remedial right while the latter would comprise the operative facts giving rise to such remedial right. The former would be a matter of right and would depend upon the substantive law whereas the latter would be governed by the law of procedure.
Headnote:
Constitution of India, 1950 – Article 226 – Amount due – Payment of – Prayers in the writ petition is to issue a Writ, Order or direction in nature of Mandamus thereby directing opposite parties, more particularly opposite party no. 2 & 3, to pay the admitted amount i.e. 2,92,86,105/- along with admissible interest and to issue a Writ, Order or direction in nature of Mandamus thereby directing opposite parties to decide the representations pending before them – Held, Court is of view that present writ petition, for payment of due amount, which in fact has to be paid first by opposite party No. 4-Bihar State Beej Nigam, Bihar to NAFED and thereafter petitioner can get same from NAFED, is not maintainable before this Court – Writ Petition Dismissed (Paras 18, 19)
Facts of The case:
Petitioners submitted that petitioner-Supplier supplied Dhaincha Seeds to opposite party No. 4/Bihar State Beej Nigam Limited, Bihar through its Managing Director -"Nigam/Institution" With regard to supply of Dhaincha Seeds, the Nigam requested NAFED. The NAFED in terms of the agreement dated 10.01.2011 directed the petitioner/Gold Star Green Seeds Pvt. Ltd. to supply Dhaincha Seeds to the Nigam vide letter dated 20.04.2011. The total amount of the Seeds supplied by the petitioner on the basis of the supply order issued by the NAFED in terms of the agreement dated 10.01.2011 amounts to Rs. 10,37,59,457.20. In terms of the agreement the Nigam was/is under obligation to pay the amount related to Dhaincha Seeds supplied to the NAFED and thereafter the NAFED was/is under obligation to pay the amount of Seeds supplied to the petitioner. Out of Rs. 10,37,59,457.20, the petitioner received Rs. 7,44,73,352.00 and the amount still due amount – The amount due is undisputed and in this regard learned counsel for the petitioner placed reliance on para 14 to 18 to the writ petition as also Annexure Nos. 4 to 8 to the writ petition. The amount due i.e. Rs. 2,92,86,105/-has not been paid till date and accordingly the petitioner has been compelled to file the present writ petition for the reliefs sought.
Findings of the court:
Court is of view that present writ petition, for payment of due amount, which in fact has to be paid first by opposite party No. 4-Bihar State Beej Nigam, Bihar to NAFED and thereafter petitioner can get same from NAFED, is not maintainable before this Court.
Result: Writ Petition Dismissed
JUDGMENT :
Saurabh Lavania, J.
1. Sri Amol Kumar, learned counsel for the petitioners, Sri Nishant Shukla, learned counsel for the Union of India and Sri Vijayant, learned counsel for the National Agriculture Cooperative Marketing Federation of India (in short "NAFED") appeared before this Court through video conferencing.
2. Learned counsel for the petitioners submitted that the petitioner/Gold Star Green Seeds Pvt. Ltd. (in short "Supplier") supplied Dhaincha Seeds to opposite party No. 4/Bihar State Beej Nigam Limited, Bihar through its Managing Director (in short "Nigam/Institution"). With regard to supply of Dhaincha Seeds, the Nigam requested NAFED. The NAFED in terms of the agreement dated 10.01.2011 directed the petitioner/Gold Star Green Seeds Pvt. Ltd. to supply Dhaincha Seeds to the Nigam vide letter dated 20.04.2011. The total amount of the Seeds supplied by the petitioner on the basis of the supply order issued by the NAFED in terms of the agreement dated 10.01.2011 amounts to Rs. 10,37,59,457.20. In terms of the agreement dated 10.01.2011, the Nigam was/is under obligation to pay the amount related to Dhaincha Seeds supplied to the NAFED and thereafter the NAFED was/is under obligation to pay the amount of Seeds supplied to the petitioner. Out of Rs. 10,37,59,457.20, the petitioner received Rs. 7,44,73,352.00 and the amount still due is Rs. 2,92,86,105/-. The amount due is undisputed and in this regard learned counsel for the petitioner placed reliance on para 14 to 18 to the writ petition as also Annexure Nos. 4 to 8 to the writ petition. The amount due i.e. Rs. 2,92,86,105/-has not been paid till date and accordingly the petitioner has been compelled to file the present writ petition for the reliefs sought. Main reliefs sought are as under:-
"1. Issue a Writ, Order or direction in the nature of Mandamus thereby directing the opposite parties, more particularly opposite party no. 2 & 3, to pay the admitted amount i.e. 2,92,86,105/- along with admissible interest.
2. Issue a Writ, Order or direction in the nature of Mandamus thereby directing the opposite parties to decide the representations dated 19.12.2019 pending before them."
3. Learned counsel for the petitioner further submitted that in similar facts and circumstances, the Writ Petition No, 8117 (MB) of 2015 filed by the petitioner against NAFED and U.P. Beej Vikas Nigam was entertained and allowed by this Court vide judgment and order dated 14.02.2020.
4. It is further submitted that in the facts and circumstances of the case, NAFED be directed to pay the admitted amount amounting to Rs. 2,92,86,105/- to the petitioner.
5. After taking into account the contents of the writ petition and documents annexed therewith particularly para 3, 7 to 11 and 13 & 14 as well as the terms of agreement dated 10.01.2011, quoted hereunder, we raised the issue/point related to the maintainability of the writ petition within the territorial jurisdiction of this Court.
"Relevant paras of the writ petition.
3. That the petitioner is seeking for a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to release the amount/pay the outstanding to the tune of Rs. 2,92,86,105/-with respect to the supply of Dhaincha Seeds to opposite party no. 4 through opposite party no.2 & 3.
7. That accordingly an agreement was entered into by & between the petitioner and the opposite parties no.2 & 3 by means of which amongst others it was agreed that the petitioner will participate in the tenders/orders floated by various institutes for supply of the seeds etc. on behalf of NAFED, the petitioner would quote the rates in consultation with NAFED. The copy of the agreement dated 10.01.2011 entered into by & between the parties is annexed herewith this petition as ANNEXURE 1.
8. That vide letter dated 19.04.2011 the opposite party no.4 requested for the Dhaincha Seed
