R K GUPTA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) The petitioner in the instant writ petition seeks to quash the order dated 29/04/2000 (Annexure-8) issued by the respondent University of Rajasthan, whereby the rent of the tenanted shops was increased without affording an opportunity to the petitioner. The petitioner has been the tenant of the respondent University in the shops in question and it appears that the Syndicate vide Resolution dated 22/04/2000 decided to increase the rent of the said shops.

(2.) The learned counsel Mr. R. D. Rastogi, appearing on behalf of the respondent University raised preliminary objection in regard to maintainability of the writ petition on the ground that in contractual matters powers under Article 226 of the Constitution of India can not be invoked. The learned counsel placed reliance on Kerala State Electricity Board v. Kurien E. Kalathil, (2000) 6 SCC 293. Their Lordships of the Supreme Court in the said case indicated that the contract between the parties is in the realm of private law. It is not a statutory contract. The disputes relating to interpretation of the terms and conditions of such a contract could not have been agitated in a petition under Article 226 of the Constitution of India. Whether any amount is due and if so, how much and refusal of the appellant to pay it is justified or not, are not matters which could have been agitated and decided in a writ petition. The contractor should have been relegated to other remedies."

(3.) I am unable to pursuade myself to agree with the submissions advanced by Mr. R. D. Rastogi. The ratio indicated in Kerala State Electricity Board v. Kurien E. Kalathil (supra) is not applicable to the facts and circumstances of this case. The question that arises in the instant case does not relate to the interpretation of the terms and conditions of the contract entered into between the parties. The precise controversy in the instant case is as to whether prejudicial order can be passed against the party without affording an opportunity of hearing to him.