Chilloo Enterprises vs State and Anr.

Heard.

Petitioner in this writ has prayed for release of payment as per the bills submitted by him to respondents. The bills annexure 'E and P are for an

amount of Rs. 51072 40 and Rs. 28, 842. 02. The bills allegedly cover the cost and charges of vegetable items, kadam, milk and mutton supplied

by the petitioner to respondents for consumption in Central Jail Srinagar. The respondents approved the respondent's procured service of

petitioner on contract for supply of the aforementioned items, after his tender and rates.

There is nothing on record to reveal that the above bill liability is admitted by the respondents. There is also nothing to show that there has been

any settlement of accounts between the parties. Infect the petitioner has not shown that the amount, which is sought to be recovered in the writ

jurisdiction, represents either the liability of the respondent/State on settlement of accounts or that there has been an acknowledgement of the

liability by respondents. It appears to be out and out money claim based on contract advanced by the petitioner, which shall have to be enquired

and determined. This infect is an action for recovery of money proceedings or a suit to recover indeterminate sum of money cannot be allowed in

writ proceedings. There is an effective alternative remedy to petitioner to recover the amount. In the over all facts and circumstances, it does not

appear to be a fit case where the writ jurisdiction merits to be exercised.

The writ petition is accordingly dismissed in lemini.