Facts
The petitioner, proprietor of M/S Ashok Tent House, alleged that he was contracted by the Block Development Officer (BDO), Sakra, to supply tent materials and services for official functions and the 2020 Bihar Legislative Assembly Elections
Source reference: paras. 2-4The petitioner submitted bills totaling ₹31,03,893/-, out of which ₹8,00,000/- was paid as an advance, leaving an outstanding balance of ₹23,03,893/-
Source reference: para. 5Despite representations to the District Public Grievance Redressal Officer and the Divisional Commissioner, no payment was released
Source reference: para. 6The respondents filed a counter-affidavit stating that a Three-Member Enquiry Committee found the petitioner's claim to be false and meritless
Source reference: para. 14the respondents claimed the petitioner had submitted a written application to the BDO expressing his intention to withdraw the Writ petition
Source reference: para. 15Issues
1. Whether a Writ of Mandamus can be issued for the recovery of money in a contractual matter where the debt is specifically disputed by the State
Source reference: para. 202. Whether the High Court, under Article 226, can adjudicate upon disputed questions of fact requiring evidence
Source reference: para. 21Law Applied
The Court applied the principles governing the exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. It followed the established doctrine that while the High Court has the power to enforce contractual obligations against the State, it should refrain from doing so when the case involves "serious and disputed questions of fact"
Source reference: para. 21Under Article 14, State action must be non-arbitrary, but a Writ is not a substitute for a civil suit when the entitlement to a claim requires the appreciation of evidence and examination of factual issues
Source reference: paras. 12, 21Reasoning
The Court observed that the principal controversy centered on the genuineness and admissibility of the petitioner’s monetary claim
Source reference: para. 20While the petitioner maintained that the work was executed satisfactorily, the respondents categorically denied the liability, citing the findings of a Three-Member Enquiry Committee that labeled the claim as not genuine
Source reference: para. 18, 20The Court reasoned that the rival pleadings created a situation where the execution of work, the extent of services, and the correctness of the bills were all under dispute
Source reference: para. 21The Court held that such factual determinations cannot be made in a summary proceeding under Writ jurisdiction as they require the formal recording of evidence and detailed examination
Source reference: para. 21Regarding the controversy over the withdrawal of the petition, the Court held it was immaterial to the merits, as the disputed nature of the debt itself precluded the issuance of a Writ
Source reference: para. 22Holding
The Court held that since the petitioner’s claim was seriously disputed by the State and had been rejected by an administrative enquiry, the High Court could not exercise its Writ jurisdiction to grant monetary relief
The Court found no merit in the petition and dismissed it
Source reference: para. 24Original Court PDF
Ashok KumarvsThe State of Bihar
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