Suresh Chandra Agrawal vs The State Of Madhya Pradesh
2023 Latest Caselaw 14251 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                   BEFORE
                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                      &
                                    HON'BLE SHRI JUSTICE PRANAY VERMA
                                               ON THE 29 th OF AUGUST, 2023
                                             WRIT PETITION No. 21693 of 2023

                           BETWEEN:-
                           SURESH CHANDRA AGRAWAL S/O LATE RAMESHWAR
                           AGRAWAL, AGED ABOUT 72 YEARS, OCCUPATION:
                           BUSINESS, R/O: 07 SHANKU MARG, FREEGANJ
                           DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI PRIYVRAT SINGH CHOUHAN - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL  SECRETARY  PUBLIC  HEALTH
                                 ENGINEERING DEPARTMENT JAL BHAVAN
                                 BANGANGA,   DISTRICT BHOPAL (MADHYA
                                 PRADESH)

                           2.    SUPERINTENDENT ENGINEER, PUBLIC HEALTH
                                 ENGINEERING          DEPARTMENT, DIVISION
                                 DISTRICT UJJAIN (MADHYA PRADESH)

                           3.    EXECUTIVE        ENGINEER PUBLIC  HEALTH
                                 ENGINEERING           DEPARTMENT DIVISION
                                 DISTRICT UJJAIN (MADHYA PRADESH)

                           4.    ASSISTANT   ENGINEER,     PUBLIC  HEALTH
                                 ENGINEERING    DEPARTMENT, SUB DIVISION
                                 TARANA, DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY SHRI ANAND SONI - GOVERNMENT ADVOCATE)

                                 This petition coming on for admission this day, Justice Sushrut Arvind
                           Dharmadhikari passed the following:
Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 29-08-2023
18:19:48
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                                                                 ORDER

Heard on the question of admission and interim relief.

2. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the order dated 12.07.2023 (Annexure P-19) passed by respondent No.3 whereby the contract has been terminated and penalty has been imposed on the petitioner for not completing the work within time.

3. Learned counsel for the respondents has raised a preliminary objection that this writ petition is not maintainable in view of the fact that Clause - 12 of the Contract Agreement stipulates for a dispute resolution system, therefore, if it all there is any dispute which includes the termination of contract, the petitioner

is very well entitled to avail remedy under the said dispute resolution system.

4. We find force in the submission of learned counsel for the respondents. He has relied upon the judgment of the Division Bench of this Court in W.P. No.1057/2023 as well as W.P. No.11640/2023, wherein similar view has been taken. In view of the aforesaid, we do not find any reason to entertain this petition under Article 226 of the Constitution of India. The writ petition is dismissed. However, the petitioner would be at liberty to avail the alternative remedy, if so advised.

                              (S. A. DHARMADHIKARI)                                     (PRANAY VERMA)
                                       JUDGE                                                JUDGE
                           Shilpa




Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 29-08-2023
18:19:48