Case Note & Summary
The petitioner, M/s. GVPR Engineers Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction in the nature of mandamus to the respondents, officials of Karnataka Neeravari Nigama Limited, to consider its representation dated 27-12-2021 and release Rs.5.52 crores. The petitioner had been awarded a contract for modernization of Anvery Canal on 25-06-2007 and claimed that it had completed the work, but the respondents had not released the final payment. The respondents opposed the petition, contending that the petitioner had not completed the work as per specifications and that measurements were disputed. The court heard arguments from both sides. The court analyzed that the dispute involved disputed questions of fact regarding the completion of work and measurements, which cannot be adjudicated in writ jurisdiction. The court held that the proper remedy for the petitioner is to approach the civil court or avail alternative remedy such as arbitration, as per the contract. The court dismissed the writ petition, leaving it open to the petitioner to seek appropriate remedy in accordance with law.
Headnote
A) Constitutional Law - Writ Jurisdiction - Disputed Questions of Fact - Article 226 of the Constitution of India - The petitioner sought mandamus for release of payment under a contract, but the respondents disputed the completion and measurement of work. Held that disputed questions of fact cannot be adjudicated in writ proceedings and the petitioner must approach the civil court or avail alternative remedy. (Paras 5-7) B) Contract Law - Payment Dispute - Alternative Remedy - Specific Relief - The petitioner claimed Rs.5.52 crores for work done under a contract, but the respondents denied liability due to incomplete work and disputed measurements. Held that such contractual disputes are not amenable to writ jurisdiction and the petitioner should seek remedy before a civil court or through arbitration. (Paras 5-7)
Issue of Consideration
Whether a writ of mandamus can be issued directing the respondents to release payment of Rs.5.52 crores based on a representation, when the facts regarding completion of work and measurements are disputed.
Final Decision
Writ petition dismissed. Petitioner is at liberty to seek appropriate remedy before a civil court or through arbitration in accordance with law.
Law Points
- Writ jurisdiction under Article 226 not available for disputed contractual claims
- Mandamus cannot be issued for disputed questions of fact
- Contractual disputes require civil suit or arbitration
