Allahabad High Court
M/S S.K.Traders Thru.Proprietor ... vs State Of ... on 12 July, 2023
Bench: Devendra Kumar Upadhyaya, Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:45247-DB
Court No. - 1
Case :- WRIT - C No. - 24559 of 2020
Petitioner :- M/S S.K.Traders Thru.Proprietor Shiv Kumar Singh
Respondent :- State Of U.P.Thru.Chief.Secy.Civl Secretariat Lko. And Ors.
Counsel for Petitioner :- Shiwa Kant Tiwari,Farooqahmad,V.N.Mishra,Vivek Kumar Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the parties.
This is the petition seeking review of the judgment and order dated 15.12.2022 whereby writ petition No. 24559 (M/B) of 2020 was dismissed on the ground that it was a successive writ petition, the first having been dismissed as withdrawn on 31.05.2013 (Writ Petition No. 4444 (MB) of 2013) and thereafter vide order dated 07.01.2017, another writ petition, namely writ petition No. 31137 (MB) of 2016 was also dismissed.
It has been submitted by the learned counsel for the review applicant that writ petition No. 24559 (MB) of 2020 was filed based on a subsequent cause of action which had accrued to the petitioner for the reason that in the said writ petition, only prayer made by the petitioner was for payment of interest and subsequent cause of action had accrued on account of payments made subsequent to the decision of writ petition No. 31137 (MB) of 2016 i.e. subsequent to 07.01.2017. When we examine the aforesaid submissions what we find is that at the time when writ petition No. 31177 (MB) of 2016 was dismissed, no payment to the petitioner was made in terms of a contract which was entered between the petitioner and the departmental authorities of the Irrigation Department and subsequent to the dismissal of the said writ petition i.e. subsequent to 07.01.2017, certain payments have been made to the petitioner in the year 2019 and it is in this background that writ petition No. 24559 (MB) of 2020 was filed by the petitioner claiming its entitlement for payment of interest on the delayed payment.
Having considered the aforesaid submissions, we find that the order dated 15.12.2022 suffers from an apparent error as the ground that the writ petition No. 24559 (MB) of 2020 was filed on a subsequent cause of action, had escaped the attention of the Court. Accordingly, the review petition is allowed and the order dated 15.12.2020 passed in Writ Petition No. 24559 (MB) of 2020 is hereby set aside and the writ petition is restored to its original number.
Coming to the prayer made in the writ petition, we are of the considered opinion that writ jurisdiction under Article 226 of the Constitution of India cannot be pressed into service for enforcing any contractual obligation and any right or obligation arising out of a contract entered into between the petitioner and the authorities of the irrigation department cannot be permitted to be enforced by invoking jurisdiction of this Court under Article 226 of the Constitution of India and accordingly, the prayer made in the writ petition cannot be granted.
The petition is thus dismissed.
However, notwithstanding dismissal of this writ petition, it will be open to the petitioner to seek its remedy before any other forum/Court by instituting appropriate proceedings including making of an application to the authorities concerned.
Order Date :- 12.7.2023
R.C.
