G K GRANITES Vs. UNION OF INDIA

JUDGEMENT

(1.) THE 3rd respondent entered into a contract with the 2nd respondent in relation to the construction of a National Highway. In connection with the said work, a contract was entered between the petitioner and the 3rd respondent for the supply of boulders and crushed aggregates at the quantity specified in the agreement and subject to other terms and conditions.

(2.) ACCORDING to the petitioner, though supplies were made, the third respondent refused to issue completion certificate or to pay the amounts due for the materials supplied as per the contract. Petitioner made several representations and the representations also did not yield any result. Therefore, they approached this court and filed W.P(C) No.20076/2005, seeking a direction to the 1st respondent for settling their claim. That Writ Petition was disposed of by Ext.P7 judgment directing the Union of India to consider the representations made.

(3.) IN the nature of the factual disputes that are raised by both parties, it is obvious that the questions raised in the writ petition cannot be resolved in a proceedings under the Article 226 of Constitution of INdia. Therefore, the remedy of the petitioner is to file a suit, before the appropriate Civil Court and in view of the matter, the relief sought for in the writ petition will have to be declined and I do so.