The Supreme Court recently comprising of a bench of Justices Hemant Gupta and AS Bopanna observed that HC cannot entertain writ petition involving disputed facts arising out of Contract. (Union of India vs. M/s Puna Hinda)
Facts of the case
The petitioner’s bid was accepted for the improvement and construction of a road between Tashigong and Lumla under the Special Accelerated Rural Development Programme. The petitioner submitted his Bills but the authorities rejected them.
After that, the petitioner moved the Gauhati High Court. The High Court allowed the writ and directed the authorities to approve the Detailed Project Report and pay pending Bills based on Measurement Report/Final Joint Survey.
The present appeal was filed challenging the said order.
Contention of the Parties
The learned ASG appearing for the appellants, pointed out that there are serious disputes about the facts in respect of authenticity of the Joint Final Report and the work done. Therefore, such disputed question of facts could not have been adjudicated by
the Writ Court as disputed question of facts relating to recovery of money could not have been entertained thereunder.
The counsel for the writ petitioner contended that the officer who had written such abovementioned letter was not the competent authority to write the same. Such argument was based upon an averment in the memorandum of appeal.
Courts Observation and Judgment
The bench agreeing to the contention of the ASG noted that, in this case, the dispute as to whether the amount is payable or not and/or how much amount is payable are disputed questions of facts.
The bench while allowing the appeal noted, "Therefore, the dispute could not be raised by way of a writ petition on the disputed questions of fact. Though, the jurisdiction of the High Court is wide but in respect of pure contractual matters in the field of private law, having no statutoFNry flavour, are better adjudicated upon by the forum agreed to by the parties. The dispute as to whether the amount is payable or not and/or how much amount is payable are disputed questions of facts. There is no admission on the part of the appellants to infer that the amount stands crystallized."
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