The Managing Director, Bihar State Housing Board and Others vs Ram Naresh Prasad Jaiswal and Another

This Letters Patent Appeal has been filed, in effect, by the Bihar State Housing Board on the order on 3.7.1996 in CWJC No. 2986 of 1995; Ram Naresh Prasad Jaiswal v. The State of Bihar and Ors. The contention on behalf of the Appellant-Board is that any relationship between the Board and the Petitioner was purely contractual. It is contended that in a writ jurisdiction there can be no evaluation or verification of any earth filling or earth digging so as to arrive at a correct assessment of work done co-related with the money value of the contract. In the circumstances, the direction, to the effect, that a certain amount, Rs. 5 lac, be paid merely because there was inter-departmental communication is an order which aggrieves the Petitioner. It is further submitted that in so far as the balance is concerned, in case Rs. 5 lac were to be paid, should not become the subject matter of a claim merely on the filing of a representation by the Petitioner, the contractor.

The Court agrees with the submissions so made by the learned Counsel appearing on behalf of the Board.

If there was a claim in pursuance of a completed contract, the Board could have been put under notice to demand the money value of the contract not paid and, thereafter, a suit could have been filed for the claim. Such a direction cannot be issued in a writ petition.

The appeal is allowed. The order on the writ petition dated 3.7.1996 is set aside.