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1984 DIGILAW 765 (ALL)

Teja Singh Vastu Engineering Consultant, New Delhi v. State of U. P.

1984-09-20

BRIJESH KUMAR, K.N.GOYAL

body1984
JUDGMENT K.N. Goyal, J. 1. It is a simple case of alleged breach of contract and as such the writ petition does net lie in view of the decision in Radha Krishna Agarwal Vs. State of Bihar ( AIR 1977 SC 1496 ). The learned counsel for the petitioner has referred us to Sheba Wheels Private Limited Vs. The Assam Gas Company Limited (1984) 2 Gauhati Law Report, 27). That case pertains to rejection of tender, i.e. to the stage of entry into contract and is, therefore, not attracted. He further relies on Gujarat State Financial Corporation v. M/s. Lotus Hotels Private Limited (1983) 3 SCC 379 . That was a case of promissory estoppel based on refusal of the State Financial Corporation to grant loan which was once sanctioned and on the basis of which the petitioner of that case had incurred heavy expenditure. The instant case is one in which the petitioner had entered into the contract for execution of certain work. During the execution of the work there was dispute about its due performance, and it was in that context that the petitioner's contract was allegedly cancelled. Such a dispute is clearly covered by Radha Krishna Agarwals case (supra). As such, the writ petition is not maintainable. The petitioner's remedy is by way of a suit. 2. The petition is, accordingly, dismissed. 3. Immediately after the judgment was pronounced, learned counsel for the petitioner made an oral prayer for a certificate under Article 133 read with Article 134A of the Constitution. We are not satisfied that the case involves any substantial question of law of general importance which requires to be decided by the Hon'ble Supreme Court. As such, the certificate prayed for is refused. (Petition dismissed)