M/s Vishwesaraiya Construction And Ors vs State Of Jharkhand And Ors

This writ petition is under Article 226 of the Constitution of India whereby and whereunder the petitioners have sought for a direction upon the

respondents to make payment of the amount in lieu of the work executed by the petitioners in pursuance to the agreement entered into between the

petitioners and the respondent authorities by virtue of agreement No.78F2/2008-09.

It is the case of the petitioners that a notice inviting tender has been floated for construction of 100 bedded girls hostel and also 100 bedded boys

hostel in Patliputra Medical College and Hospital at Dhanbad.

The petitioners have been declared successful and entered into an agreement being Agreement No.78F2/2008-09 as per which the work was to be

started on 31.07.2008 and was to be completed till 30.01.2010.

The petitioners have been given with the work order vide letter No.78F2 dated 31.07.2008 and thereafter they have started the execution of the

work upon which up to 9th running bill, the money has been disbursed in their favour and for 10th and final bill, money has not been paid for which this

writ petition has been filed interalia making pleadings in the writ petition that there is no latches on the part of the petitioners rather the work has been

completed up to the 9th running bill without any hindrance and so far as the work pertaining to 10th running bill and final bill are concerned, it is the

respondents who have committed latches by not disbursing the amount in time.

Counter affidavit has been filed by the respondent-State of Jharkhand interalia stand has been taken therein that in pursuance to the condition of

agreement the work was to be completed up to 30.01.2010 but it has been executed much beyond that period.

Rejoinder affidavit has been filed by the petitioner stating therein that there is no latches on the part of the petitioners rather it is the latches

committed on the part of the State-authority. The rest of the amount

of 10th and final bill have not been paid and as such the submission has been made by the learned counsel for the petitioner to issue appropriate

direction upon the State respondent to release the amount which the petitioner is legally entitled to after execution of the aforesaid work.

Having heard the learned counsel for the parties and looking to the factual aspect wherefrom it is evident that the matter pertains to non-statutory

contract pertaining to money claim.

It is the settled position of law that in the matter of money claim, if the amount is admitted on the part of the respondents, the direction could be

passed by the writ Court sitting under Article 226 of the Constitution of India but in a case where the claim has been disputed and in such nature of

dispute, adjudication is required to be made by casting liability by giving declaration with respect to the entitlement which is not possible under Article

226 of the Constitution of India, since the same requires appreciation of evidence to be led by the parties.

Coming to the fact of this case since the claim of the petitioner pertaining to 10th and final bill is in dispute as would be evident from respective

paragraphs in the counter affidavit, therefore, this Court refrains itself in passing a positive direction in favour of the petitioners.

In view thereof, the writ petition fails and is dismissed.

However, it is open for the petitioners to ventilate the alternative forum for redressal of the grievance, if so wish.