HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.29466 of 2014 Date:07.10.2014 Between:
M.Jagannath Reddy, S/o M.Narsimha Reddy . Petitioner And:
The Curator, Nehru Zoological Park, Hyderabad and four others.
. Respondents Counsel for the Petitioner: Sri Gopala Rao Grandakota Rao Counsel for the Respondents: GP for Forests of the Government of Telangana The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside proceedings in Ref.No.1229/D1/2013, dated
Rc.No.459/2013/TO/NZP-HYD, dated 25.02.2014.
The dispute raised by the petitioner pertains to termination of a concluded contract. Ordinarily, a dispute of this nature is not amenable to public law remedy under Article 226 of the Constitution of India as held by a catena of judgments( S e e : M/s. Radhakrishna Agarwal &
[1]
others vs State of Bihar & others , State of U.P. v.
[2]
Bridge & Roof Co.(India) Ltd. and Asstt. Excise
[3]
Commr. v. Issac Peter ).
At the hearing, it has come out that the contract was terminated as far back as February, 2014. Even if the termination of the agreement is in violation of the agreement conditions, as alleged by the petitioner, that would not entitle the petitioner to invoke the public law remedy under Article 226 of the Constitution of India. The petitioner is entitled to seek appropriate reliefs including award of damages for the alleged illegal termination of contract either by invoking the arbitration, if a clause to this effect is available in the agreement, or in the absence thereof, by availing the common law remedy of a civil suit before the Court of competent civil jurisdiction.
In the above view of the matter, the Writ Petition is dismissed, without adjudicating on the merits of the case, with liberty to the petitioner to avail the alternative remedies as indicated hereinbefore.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.36827 of 2014 filed by the petitioner for interim relief stands dismissed as infructuous.
07th October, 2014 DR
[1] AIR 1977 SC 1496
[2] (1996) 6 SCC 22
[3] (1994) 4 SCC 104
JUSTICE C.V.NAGARJUNA
REDDY