Patna High Court

Disputed claims for contractual dues cannot be adjudicated under Article 226 of the Constitution.

Ashok Kumar vs The State of Bihar

Patna High CourtJUDGMENT: July 24, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 2-4

The 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. 5

Despite representations to the District Public Grievance Redressal Officer and the Divisional Commissioner, no payment was released

Source reference: para. 6

The 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. 14

the respondents claimed the petitioner had submitted a written application to the BDO expressing his intention to withdraw the Writ petition

Source reference: para. 15
02

Issues

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. 20

2. Whether the High Court, under Article 226, can adjudicate upon disputed questions of fact requiring evidence

Source reference: para. 21
03

Law 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. 21

Under 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, 21
04

Reasoning

The Court observed that the principal controversy centered on the genuineness and admissibility of the petitioner’s monetary claim

Source reference: para. 20

While 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, 20

The 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. 21

The 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. 21

Regarding 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. 22
05

Holding

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. 24
Patna High Court

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Ashok KumarvsThe State of Bihar

Patna High Court · July 24, 2026

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