Daudayal Ramesh Chandra v. State of U. P. Through Principal Secretary
2016-05-06
D.Y.CHANDRACHUD, YASHWANT VARMA
body2016
DigiLaw.ai
JUDGMENT Invoking the jurisdiction under Article 226 of the Constitution, the petitioner has sought to challenge an order dated 4 January 2016 passed by the Public Works Department at Lucknow, declining to accede to the contractual claim of the petitioner on the ground that the claim stands barred by limitation. Besides challenging the order, the petitioner seeks a mandamus for the payment of the claim on the basis of an order passed by the Superintending Engineer on 3 April 1986 together with eighteen per cent compound interest and compensation. 2. The contracts on the basis of which the claim is sought to be asserted are of 31 May 1972 for the supply of over burnt brick ballasts. In 1980, the petitioner filed a suit for recovery. According to the petitioner, on 27 May 1981, the Additional Chief Engineer had directed that if the claim in Court is withdrawn, then it would be considered by the Department. 3. The basis of the writ petition is a letter dated 3 April 1986 written by the Superintending Engineer which, according to the petitioner, determines the claim. The subsequent letters which have been adverted to in the writ petition are of the Special Secretary in the months of March 1987 and August 1987. Thereafter, the petitioner has relied upon a letter dated 11 June 2014, reiterating the rejection of the claim. 4. The issue as to whether the claim is, at all, within limitation is, to say the least, a triable issue on which it would not be appropriate for this Court to exercise its extraordinary jurisdiction under Article 226 of the Constitution. The narration of facts contained in the writ petition would indicate that the defence of the State cannot be rejected as being frivolous. Hence, we decline to entertain the writ petition. However, the petitioner would be at liberty to pursue such remedies as are available in law on which we make no observation particularly, in regard to the issue of limitation. The observations in this judgment are only confined to the view of the Court that it is inappropriate to entertain a writ petition under Article 226 of the Constitution. The petition is dismissed. There shall be no order as to costs.