Court No. - 29
Case :- WRIT - C No. - 2165 of 2019 Petitioner :- Mudranalaya Zila Panchayat Udyog Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Praveen Kumar Singh Counsel for Respondent :- C.S.C.,Hemendra Kumar Mishra
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned Counsel for the petitioner and learned Standing Counsel.
The petitioner alleges that it had supplied some material to the Chief Medical Officers of different districts as per the direction of respondent no.4, Mission Director, State Programme, Manager Unit, National Health Mission, U.P., Lucknow. The petitioner has not been paid for the material so supplied, therefore, he has submitted a representation dated 20.12.2018 (Annexure 7) to the writ petition to the respondent no.2, Principal Secretary, Medical Health and Family Welfare, Government of U.P. The question whether the petitioner had supplied any material and that too at the direction of respondent no.4 are all questions of fact which we cannot consider in exercise of writ jurisdiction. In case, petitioner had supplied any material, it must be under some contract or a memorandum of understanding which may be having a dispute resolution system vis that of arbitration, therefore, the petitioner may take recourse to such dispute redressal mechanism or may institute a suit for the recovery of its dues. The representation alone is not a proper remedy but even if the petitioner so insist, he may pursue his representation and may take recourse to the other remedies as may be advised.
In view of the above, we do not consider it deem fit necessary to issue any direction for the consideration of the representation.
Accordingly, the petition stands disposed of. Order Date :- 29.1.2019 S. Singh