1. Heard Mr.Shaikh, learned Advocate for petitioner and Mr. Alkesh Shah, learned A.G.P. for respondent No.1, Mr. Amar Mithani, learned Advocate for respondent No.3 and Mr. Mehul Rathod, learned Advocate for respondent No.5.
2. The petitioner has taken out present petition seeking below mentioned relief and directions:
"32(B) Your Lordship may be pleased to issue a writ of mandamus or writ of the nature of mandamus or any other appropriate writ, order or direction and whereby be pleased to direct the respondents to make payment of Rupees 1,40,85,199=00 (Rupees One Crore Forty Lakhs Eighty Five Thousand One Hundred Ninety Nine only) to the petitioner with 12% simple interest."
3. Learned counsel for the petitioner has submitted that the petitioner was awarded contract for supplying drinking water through H.D.P.E. Tank to the Banaskantha District, Palanpur. It is claimed that for the aforesaid purpose, contract was executed by and between the petitioner and Collector, Banaskantha, on 18.12.2002. It is also claimed that another contract was also executed between the parties on 4th May 2004. The petitioner has further claimed that the petitioner executed the contract, however the respondent authorities have not made payment required to be made to the petitioner as per the said contract.
4. The said claims and assertions are disputed and denied by the respondents.
5. The claim and dispute arises under the contract and that therefore the appropriate remedy for the petitioner is to raise the demand and get it adjudicated by way of civil proceedings in trial Court, and the claim and dispute arising from contract cannot be examined and decided in writ proceedings.
6. The claims involve disputed questions of fact and will necessitate trial including documentary and oral evidence.
7. For the aforesaid reason, the petition is not entertained and petitioner is relegated to civil remedy.
8. If the petitioner takes out appropriate proceedings and issue about limitation arises then the same will be decided by the concerned Court strictly in accordance with law.
(K.M.THAKER, J.) jani Top