Court No. - 34
Case :- WRIT - C No. - 31658 of 2019 Petitioner :- M/S Jalakash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- J.P. Pandey Counsel for Respondent :- C.S.C., Sunil Kumar Misra
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri J.P. Pandey, learned counsel for petitioner and Sri Dinesh Sengar, Advocate, holding brief of Sri Sunil Kumar Misra, learned counsel for respondent no.2 and learned Standing Counsel for State.
2. This petition under Article 226 of Constitution of India has been filed seeking writ of mandamus commanding respondents to make payment of admitted undisputed amount of Rs.23,00,000/- with an interest @12% from 12.4.2016 till the date of payment to petitioner.
3. For recovery of money, remedy of petitioner lies under common law by filing civil suit. Writ petition cannot be entertained as a substitute in matters where remedy lies under common law. Thus, this writ petition is not maintainable.
4. Dismissed on the ground of alternative remedy.
Order Date :- 27.9.2019 Ram Murti