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Judgment
D.N. Patel, A.C.J
This Letters Patent Appeal has been preferred by the appellant (original petitioner), being aggrieved and feeling dis-satisfied by the judgment and
order delivered by the learned Single Judge in W.P.(C) No.5893 of 2015 dated 7th November, 2017 whereby the petition preferred by this appellant
was dismissed.
The money suit type of petition filed by this appellant (original petitioner) was dismissed mainly on the ground that additional work done for the
construction of a road was never approved by the Government. There are several recommendations as per Annexure-3, Annexure-4, Annexure-6,
Annexure-10 and Annexure-11, but, the fact remains that there was no approval by the Government for any additional work to be done by this
appellant. Some deviation has taken place in the construction of the road for the reasons as alleged by this appellant. We are not concerned with the
reasons of the deviation in the construction, but, here we are more concerned with approval of estimated amount and the proportion of the deviation.
Hence, we see no reason to entertain this Letters Patent Appeal because there cannot be a deviation in the construction of the road without
permission of the Government. There cannot be any deviation in the construction of the road without approval of the estimated cost. There cannot
be issuance of any writ, in which disputed question of fact is also involved and moreover, the money suit type of petition has been filed at a much
belated stage. Notice inviting tender was of the year 2008, the work completed in the year 2009 and the writ petition has been preferred in the year
2015, hence, no error has been committed by the learned Single Judge while dismissing the money suit type petition of this appellant and we are in full
agreement with the final reason given by the learned Single Judge. Hence, there is no substance in this Letters Patent Appeal and the same is,
therefore, dismissed.