1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6863 OF 2007 Kailaswasi Abdul Salam Pathan Gramin Vikas Sanstha Gadhe Jalgaon, Tq. And Dist. Aurangabad throughi ts President. .. petitioners Versus The Union of India and others. .. Respondent. --- Mr. A.P. Bhandari, Advocate holding for Mr. S.V.Gangapurwala, Advocate for the petitioner Mr. U.B. Bonder, Advocate for respondent Nos. 4 to 6. Mr. R.V. Gore, Advocate for respondent No.7 CORAM : B.R. GAVAI & N.D.DESHPANDE,JJ. DATE : 10TH SEPTEMBER,2009. ORAL ORDER :- 1] The petitioner has filed the present petition raising two fold challenges. 2 2] Firstly, the petitioner has challenged the order dated 13th March, 2007, vide which the works granted in favour of the petitioner were cancelled on account of breach of the terms and conditions of the agreement. Secondly, the petitioner seeks a direction for payment of works which, according to the petitioner, has been carried out by the various Bachat Gats. 3] The first prayer is basically arising out of a contractual obligation. For adjudicating the issue as to whether there was any breach of the terms of the contract, it will be necessary that the parties lead their evidence and unless evidence is laid in that respect, the said issue cannot be decided. We are afraid, as to whether such an exercise would be permitted in the extraordinary jurisdiction under article 226 of the Constitution of India. Even in so far as the second aspect is concerned, i.e. Question of entitlement of the petitioner can only be considered by a competent civil court in case the petitioner establish its claim. In that view of the matter, no case is made out for interference in the extraordinary jurisdiction under Article 226 and 227 of the Constitution of India. Needless to mention that if the petitioner so desires, he can approach the civil court for redressal of his grievance, if it is permissible in law. Writ petition is summarily dismissed. [N.D. DESHPANDE, J.] [B.R. GAVAI,J.] Grt/- 3