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Allahabad High Court · body

2016 DIGILAW 224 (ALL)

Poonam Singh v. State of U. P. Thru Prin. Secy. Public Works Deptt. Lko.

2016-01-18

D.Y.CHANDRACHUD, RAJAN ROY

body2016
JUDGMENT The petitioner is aggrieved by the issuance of a tender notice on 19 December 2015 by the Executive Engineer in the Public Works Department, Construction Division-I, Pratapgarh. The grievance is that the tender notice was issued on 19 December 2015 during the term of the contract in favour of the petitioner. A full copy of the contract has not been annexed to these proceedings. 2. Be that as it may, it is evident from the notice dated 18 December 2015 (Annexure-5 to the writ petition) that the Executive Engineer has given a final notice to the petitioner for taking measurement in respect of the work, if any, carried out since the grievance of the State was that there was a breach on the part of the petitioner in complying with the terms and conditions of the contract. The matter clearly pertains to the realm of contract and hence, it would not be appropriate or proper for the Court to entertain the petition, which seeks essentially a decree of specific performance. The petitioner would be at liberty to pursue the contractual remedy either in the form of arbitration if there is an arbitration agreement or by moving a civil suit before the competent Court. 3. Leaving it open to the petitioner to do so, we dismiss the writ petition. There shall be no order as to costs.