HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.29503 of 2014 Date : 10-10-2014 Between :
M/s. Vivekananda SC, ST, LCCS Coop. Society, Represented by its Vice President .. Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Irrigation & CAD, Hyderabad and others .. Respondents Counsel for petitioner : Sri K. Ramamohan Mahadeva Counsel for respondent : Government Pleader for Irrigation & Command Area Development The Court made the following :
ORDER:
This Writ Petition is filed assailing the termination of contract relating to Chukkavaripalli Tank, Irala Mandal, Chittoor District.
Ordinarily, Writ Petitions filed raising disputes arising out of concluded contracts are not entertained by this Court under Article 226 of the Constitution of India as such disputes fall in private law filed. (See: M/s. Radhakrishna [1] Agarwal & others vs State of Bihar & others , State of [2] U.P. v. Bridge & Roof Co.(India) Ltd. , Asstt. Excise [3] Commr. v. Issac Peter ). Therefore, I am not inclined to entertain this Writ Petition on merits.
The Writ Petition is accordingly dismissed with liberty to the petitioner to avail common law remedies such as arbitration if a provision to this effect is made in the contract or in the absence of it a civil suit before the competent court of law.
As a sequel to the dismissal of the Writ Petition, WPMP No.36869 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 10-10-2014 AM
[1] AIR 1977 SC 1496
[2] (1996) 6 SCC 22
[3] (1994) 4 SCC 104