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HIGH COURT OF JUDICATURE AT ALLAHABAD
HON’BLE SHEKHAR B. SARAF, HON’BLE VIPIN CHANDRA DIXIT, JJ.
Annapurna Construction Co. – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
(Shekhar B. Saraf, J.)
1. The present petition has been filed under 226 of the Constitution of India seeking issuance of a writ of mandamus directing the State respondent to release the payment for the contractual work done by the petitioner with regard to the work orders given by the Respondent No. 4/The Project Manager, Slum Urban Development Authority, on behalf of State Government under the contract.
2. The factual matrix of the case is delineated below:
a. The petitioner is a registered contractor with the Public Works Department, Kanpur, who was awarded work for the construction of residence under the Basic Services to the Urban Poor Yojana at Kishanpur, Kanpur Nagar, which was introduced as a reform under a scheme namely 'Jawaharlal Nehru National Urban Renewal Mission' launched by the Union Government for urban poor under the slum development program. The funding pattern for this scheme was, 30% participation by the Union Government and 70% by the State Government.
b. Vide work orders dated February 3, 2014 and March 4, 2014, the petitioner was tasked with the construction of houses by the Respondent No.3 under the said Yojna in Kishanpur, Kanpur Nagar.
c. The petition
Writ jurisdiction is not suitable for resolving contractual disputes involving disputed facts; such matters should be adjudicated in civil courts or through arbitration.
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.
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 State for contractual obligations are maintainable even with disputed facts; non-payment of dues despite work completion warrants judicial intervention.
Writ petitions against the State for contractual obligations are maintainable even with disputed facts; courts can direct payment when liability is clear.
Reimbursement of amount - Entitlement of - Grant of relief of this nature would virtually amount to a money decree. Petitioner is at liberty to take recourse to remedies available by raising such a c....
Writ petitions for recovery of amounts due under contract are not maintainable when claims are disputed; such matters should be resolved in Civil Court or through Arbitration.
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