WPMS/2416/2022
2022 Latest Caselaw 3346 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
            THE HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI


             WRIT PETITION (M/S) NO. 2416 OF 2022

                         15th OCTOBER, 2022

Between:

Pankaj Kandpal                            ......          Petitioner

and

State of Uttarakhand and others           ......         Respondents


Counsel for the petitioner     :   Ms. Deepa Arya, learned counsel

Counsel for the respondents    :   Mr. S.S. Chaudhary, learned Brief
                                   Holder for the State / respondents



The Court made the following:


JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             The petitioner has preferred the present writ

petition to seek a direction to the respondents to make

payment to the petitioner in lieu of work done by the

petitioner of repairing and Premix Carpet Vijaypur Jhapti

Jhakra Motor Road Km. 2 to Km. 3.


2)           The petitioner was awarded the said contract

in pursuance of the tender floated by the respondents.

A perusal of the petition shows that the respondents

have sought to levy damages for delay in completion of
                            2




work by the petitioner, which the petitioner states is

unjustified.


3)        In case, the petitioner has any claims against

the respondents, it is open to the petitioner to invoke

the civil remedy available to him.    In writ proceedings,

this Court would not adjudicate disputed questions of

facts relating to a monetary claim.


4)        We, therefore, dismiss this petition leaving it

open to the petitioner to avail such remedies as may be

available to him.




                                      ________________
                                      VIPIN SANGHI, C.J.



                               __________________
                               MANOJ KUMAR TIWARI, J.

Dt: 15th OCTOBER, 2022 Negi