M/S JODH SINGH THROUGH PROPRIETOR v. STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Misc. Single No. 3355 of 2024

06 December, 2024

M/s Jodh Singh Through Proprietor --Petitioner

State Of Uttarakhand & others --Respondents

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Presence:-

Mr. Arvind Kumar Sharma, learned counsel for the petitioner. Mr. Ganesh Kandpal, learned Deputy Advocate General along with Mr. Suyash Pant, learned Standing Counsel for the State. ----------------------------------------------------------------------

Hon'ble Pankaj Purohit, J. By means of the present writ petition, petitioner has challenged the order dated 20.05.2024, passed by the Executive Engineer, Irrigation Division, Haridwar, annexure-2 to the writ petition, whereby the contract granted to the petitioner was cancelled.

2. The facts of the case, as unfolded from the writ petition, are that the petitioner was granted a contract on 08.03.2019 by the respondent-department. Under the said contract, petitioner had to make embankment in both side of the river Solani Village Mohammadpur Khadar, District Haridwar. According to the terms and conditions of the contract, the work was to be completed by the Contractor on or before 07.06.2019. When the work has not been completed by the petitioner, the contract was cancelled by the respondent after five years

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without affording any opportunity of hearing to the petitioner. Challenging the said cancellation of the contract, petitioner is before this Court.

3. From the perusal of the record, it transpires that in such cases, where the disputed question of facts lie to decide the lis cannot be entertained, as the writ Court has not facilitated enough to go into the details of the disputed facts of the case. Petitioner has got an alternate remedy to file a suit or arbitration, as the case may be, before the competent authority/court.

4. Accordingly, the writ petition is dismissed in- limine.

5. Pending application, if any, stands disposed of accordingly.

(Pankaj Purohit, J.)

06.12 .2024

AK

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AVNEET

KAUR

Digitally signed by AVNEET KAUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=a82175252dc1a0f53f0e245a1c11df9aa490cfd1403838bf52f9acab4cc3a5b9, postalCode=263001, st=UTTARAKHAND, serialNumber=5BEC18DADE54688668187E4D722C2EDBFDAF35AB2F676A551481BE62508FDDEE, cn=AVNEET KAUR Date: 2024.12.06 17:20:55 +05'30'

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