Chief Justice's Court
Case :- WRIT - C No. - 34897 of 2018 Petitioner :- M/S Deepu Coal Depo Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Ahmed Faizan,Syed Farman Ahmad Naqvi Counsel for Respondent :- C.S.C.,Alpana Dwivedi
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Sri Syed Farman Ahmad Naqvi learned counsel for the petitioner and Sri Neeraj Kumar Pandey learned counsel holding brief of Ms. Alpana Dwivedi learned counsel for the respondent Nos. 2 to 4.
This writ petition though framed seeking the innocuous relief of disposal of a representation made by the petitioner, essentially arises out of a contractual claim of the petitioner against the respondents. The contractual claim itself is raised in the context of an arrangement for transportation of coal from a railway siding to the godown of the petitioner.
Such claims, in view of the settled position in law, cannot be evaluated or determined in writ proceedings since they essentially give rise to disputed questions of fact.
The writ petition lacks merit and is dismissed.
Order Date :- 12.10.2018 faraz (Dilip B Bhosale, CJ.) (Yashwant Varma, J.)