\o 1 \03’ H113?! COURT OF CHHATTESGARH AT B§LASPUR \ ‘Wfit Petition No.1 888 of 2005 F’resem: Sr‘ar§ Rajkamai Singh, counseE for the petitioner. Division Eanch: Hon’bie Shri Dhirendra Mishra & Hon’big $hri RN. Chandrakari JJ. GREER {g-2—2m a) The fsiiowing arder of the Court was passed by Dhirendra Mishra, J. _ The petitioner has .fiied this petition and prayed for the- foiiowing reiiefsz- o “it is prayed that this Hon’bie Court may kindiy be pisssed to caii for the eniire records concerning the case from the passessien of the respondents for its kind perusai. e This Hon’bie court may further he pieased to issue apprepriate writ of mandamus directing the respondehis to immediaieiy reiease an amount ef Rs.42,77,075/— which is ah undisputed amount to the petitioneri DETITQONER: Mfs Bhuiiar Brothers. Engmaers Cantraciors, a Parthershipfirm Duiy registered under the Paytnership 3 Act, thmugii it$ Partner HS. Bhuiiar, S/o Shri Ganda Singh Bhui§an aged aboui 7G years, RIO §am Road} Karba, Tahsil & District Kerba (Chhattisgarh) Vemus RESPQNDENTS: '%. Municigzai Corparaii‘onj- __ Saket Bhawan, Karba, through iis Commissioner, Korba, District Korba (Chhattrsgar‘n) 2. Cemmissioner, Municipal Corporation, Saket Bhawan, Korba (Chhattisgarh) V9 1b a This Hon‘bie Court may also kindly be pieased to direct the respandents to make payment of intere$t at the rate of 18 geroent on the amount due and payabie to the petitioner. o Any other feiiefkeiiefs, which th§s Hon’b§e Court may think fit and groper in the facts and ciroumstances of the case, with cost of the petmon, may aaso elease be granted to the petitioner.” . The grEevance of the petmoner ie that he was awarded a oivi! contact work by the Special Area Development Authority, Korba, predecessor ' body of respondent No1 and an agreement was executed. The petittoner executed the tote: work of more than Rem takhs‘ however, he was paid a sum of Rs.31.2G takne againet the executed work of more than R570 takhs. Despite severe! representatione by the eetitioner for reteasing the batanoe amount, the same was not disbursed and final measurements were recorded as per the ordersof the respondent authorities. As per final measurement, the petitioner ts emitted for payment of Rs.39,07,95t3./- atong wtth earnest money deposit of Rs.1,19,482/- and the oayrnent towards running btli ot Rs.2,49,6431— and thus; the petitioner ts emitted for total sum of Rs.42,7?,075!—, however, the aforesaid amount has been iiiegatly withheld by the respondents. The action of the respondents in withhoiding the aforesaid amount is arbitrary and maiafidet Shri Rajkamat Singh‘ teamed counsei for the petitioner submitted that tinai measurements were recorded as per the order of Annexure—Pi’5 of respondent No.2. As per information received by the petitioner from respondent No.2; the totai earth work executed by the petittoner is tt8841 meter3 as per finai measurement, however, undisputed amount i Barve maimed by the petitmner on the basis of fina! measurement has not been disbursed to the petitianer despite repeated reminders §n this regard. The dispute raised by the‘ petitiener ‘m the §nstant petition reiates to non-payment against the work executed by the petitioner arising out of contract agreement. The core of the dispute is actuei work executed by the petitioner and payment made by the Corporation against the work so executed. From the averments in the petition and the ctoouments fried by the petitioner, we find that record of the ttnai measurement has not been fiied. The transaction between the parties is contractnai in nature. The (5t petittoner has atteged breach of contract on the part of the respondents. Disputed question of fact inctuding actual work executed by the petitioner has been raised in this petition and for adjudication of such question, recording of evidence wouid be necessary and such disputed question cannot be gone into in a writ proceeding. For the aforesaid reason, we do not find any substance in this petition, the same deserves to he dismissed and it is hereby dismissed. Sd/~ ' Dhirendra Mishi‘a’i‘ T ‘ ’ "T T ‘T" ‘ ’ ’ Judge i Sdl— R.N. Chandraka ‘ Judge r‘i