CWP No.11532 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 05.7.2010 Sanjeev Kumar Goyal ...Petitioner VERSUS Punjab Mandi Board & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Puran Singh Rana, Advocate for the petitioner Permod Kohli, J. (Oral) The petitioner was allotted a contract work for the construction of boundary wall APF and road at NGM Bareta, M.C. Bareta, District Mansa in the year 2006. An agreement was executed between the parties. It is alleged that the petitioner executed certain works. It is admitted case of the petitioner that the contract was to be executed within a period of six months, however, due to certain alleged breaches on the part of the respondents, the work could not be completed within the aforesaid period. It is also admitted case of the petitioner that his contract has been terminated. The grievance of the petitioner is that he has not been paid for the work executed by him. There is nothing on record to indicate the manner of settlement of contractual dispute. The petitioner has served a legal notice (Annexure P- CWP No.11532 of 2010 2 10) but no decision has been taken thereon. Learned counsel for the petitioner submits that he would be satisfied if the respondents are directed to consider the legal notice and take a decision thereon. It is settled proposition of law that Court should not exercise writ jurisdiction under Article 226 of the Constitution of India, when there are disputed questions of fact. In the present case, there are disputed questions of fact as mutual rights and liabilities are to be determined in accordance with the contract between the parties. Therefore, it is not appropriate for this Court to interfere in such contractual matter while exercising writ jurisdiction under Article 226 of the Constitution of India. However, leaving the question of maintainability of writ petition, it is observed that the petitioner has served legal notice. The same shall be considered by the competent authority in accordance with law. (PERMOD KOHLI) JUDGE 05.7.2010 MFK