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The Allahabad High Court while dismissing a petition has held that any writ cannot be issued by the court under Article 226 of the Constitution for the matters pertaining to contractual obligation as these are a matter of private law.
The Division Bench of Allahabad High Court comprised of Justice Surya Prakash Kesarwani and JusticeDr. Yogendra Kumar Srivastava while dealing with the petition filed by Badri Narayan Shukla Associates for issuance of writs in nature of Mandamus and Certiorari has held that,
“Pure contractual obligation in the absence of any statutory complexion would not be enforceable through a writ.”
The petitioner has approached court under Article 226 for issuance of writs in nature of Certiorari and Mandamus seeking to raise a challenge to an order passed by respondent where under, the tender of the petitioner was rejected for the reason that at the time of inspection, the work was found to be not in accordance with the prescribed norms and despite repeated directions, neither the shortcomings pointed out were rectified nor were the work completed.
The petitioner has also sought to challenge the subsequent order passed by the respondent in terms of which the contract awarded to the petitioner has been cancelled. The petitioner has also prayed for raising a claim for payment of a balanced amount stated to be due to the petitioner in respect of the completed work.
The court has observed that in a case where the contract entered into between the State and the person aggrieved is non-statutory and the relationship is governed purely in terms of a contract between the parties, in such situations, the contractual obligations are matters of private law and a writ would not lie to enforce a civil liability arising purely out of a contract.
The court has also advised the petitioner that the proper remedy in such cases would be to file a civil suit for claiming damages, injunctions or specific performance, or such appropriate reliefs in a civil court.