RAVI SHANKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against an ORDER :dated 18.11.98 passed by the learned Writ Court in C.W.J.C. No. 3366 of 1998 (Ravi Shankar vs. State of Bihar and others), whereby the learned Writ Court has dismissed the writ petition holding that contractual obligation can not be enforced under Article 226 of the Constitution of India.

(2.) IT is stated that the petitioner -appellant is the sole proprietor of Shilpee Electro Complex and submitted the tender for supply of certain materials to the Executive Engineer, Tube - well Maintenance Division, Siwan for its Meerganj Subdivision.

(3.) THE tender was accepted by the department and the appellant supplied materials worth Rs. 1,11,000/ - (Rupees One Lakh Eleven thousand) only. The appellant received only Rs. 50,000/ - (Rupees fifty thousand) out of Rs. 1,11,000/(Rupees One Lakh eleven thousand) and he was assured of payment of the balance amount shortly. But despite that the remaining balance amount of Rs. 61,000/ - (Rupees sixty -one thousand) has not been paid. It is also contended that the appellant is also entitled to receive payment of Rs. 22,863/ - (Rupees Twenty two thousand eight hundred sixty three) for certain other items, which relates to repair works done by the appellant. The same having not been paid, therefore, the appellant -petitioner filed the writ petition.