The division judge bench of Justice Vipin Sanghi and Justice Alok Kumar Verma of the Uttarakhand High Court in the case of Swachh Sulabh Foundation vs. State of Uttarakhand & Ors held that a civil dispute arising out of their contractual relationship can be appropriately adjudicated in civil proceedings, and not in writ proceedings.
Brief Facts:
The factual matrix of the case is that the duty of the Petitioner was to collect garbage from door to door and it was the obligation of the respondent to enforce the payment from the users to the Petitioner. However, despite repeated communications, the respondent didn’t fulfil their obligations and kept demanding money from the petitioner.
Observation by the Court:
The Hon’ble court observed that the petitioner's dispute is solely a civil dispute that arises from their contractual relationship and is properly resolved through civil proceedings rather than writ proceedings.
Based on this consideration, the Hon’ble Court gave the liberty to the Petitioner to invoke civil remedy before the appropriate court.
The decision of the Court:
With the above direction, the Hon’ble Court dismissed the petition.
Case Title: Swachh Sulabh Foundation vs. State of Uttarakhand & Ors
Coram: Hon’ble Mr. Justice Vipin Sanghi and Hon’ble Mr. Justice Alok Kumar Verma
Case No.: Writ Petition (M/B) No. 192 of 2023
Advocate for the Petitioners: Mr. Vikas Bahuguna, learned counsel
Advocate for the Respondent: Mr. Amarendra Pratap Singh, learned Additional Advocate General for State of Uttarakhand / respondent Nos. 1 and 2, Mr. Bhuwan Bhatt, learned counsel for respondent No. 3
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