SMT. SHEELA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for petitioner and perused the record.

(2.) This writ petition under Article 226 of the Constitution has been filed virtually as a money suit for recovery of certain amount pursuant to alleged completion of contract.

(3.) This issue has been considered specifically in Hindustan Petroleum Corporation Limited and another v. Dolly Das 1999 (4) SCC 450 wherein Court said that in absence of any constitutional or statutory rights being involved, a writ proceeding would not lie to enforce contractual obligations even if it is sought to be enforced against State or to avoid contractual liability arising thereto. In the absence of any statutory right, Article 226 cannot be availed to claim any money in respect of breach of contract or tort or otherwise.