The court determined the limitation of writ petitions regarding contractual payment disputes, as directed by the Supreme Court.

JUDGMENT

This writ petition is submitted by the petitioner seeking the following reliefs:

“i. To issue a writ of mandamus, or any appropriate writ or order directing the 2^nd respondent to properly consider the invoices submitted by the petitioner as per the Ext-P1 tender condition and Ext-P2 and Ext-P4 agreements and Ext-P3 work order.

ii. To declare that insisting internet and google map for calculating the distance travelled in connection with transportation of seed is against Ext-Pl tender condition and it is void.

iii. To declare that the 2^nd respondent is legally bound to pay the amounts in the terms and conditions of the Ext-P1 tender condition and Ext-P2 and Ext-P4 Agreements.

iv. To issue a writ of mandamus, or any appropriate writ or order directing the 2^nd respondent to pay the balance amount Rs. 25,47,153.46/- (Twenty five lakhs forty seven thousand one hundred and fifty three rupees and forty-six paisa only) with 10% interest.

v. To issue such other orders, writs or directions as are deemed fit by this Hon'ble Court, and vi. Award the costs of this proceeding to the petitioners.”

The dispute pertains to the amount payable to the petitioner and it involves interpretation of certain terms and conditions in the tender notification with regard to the calculation of travelling distance in connection with the transportation of seed, which was the subject matter of the contract.

2. Today when the matter came up for consideration, the learned Government Pleader made available the order passed by the Honourable Supreme Court in SLP(C) No.18371/2021 on 17.03.2023, in which the appeal submitted by the State against an order passed by this Court directing payment of amount covered by the bills in similar agreements was interfered with and found that, the party shall invoke the civil remedies available for realizing the same.

After considering all the relevant aspects I find that, in the light of the directions issued by the Honourable Supreme Court in the aforesaid judgment, I do not find any scope in entertaining this writ petition. Accordingly, this writ petition is closed without prejudice to the right of the petitioner to invoke the civil remedies.

Sd/-