Utpal Vyas v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.693 of 2016 ====================================================== Utpal Vyas .... .... Petitioner/s

Versus

The State of Bihar Through The Chief Secretary, Govt. of Bihar, Patna & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar For the Respondent/s : Mr. Ajay Kumar Rastogi, AAG-10 Mr. Parijat Saurav, AC to AAG-10.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 17-09-2016 Heard Mr. Surendra Kumar, learned Counsel for the petitioner, and Mr. Ajay Kumar Rastogi, learned Additional Advocate General No. 10, appearing on behalf of the Staterespondents. With the help of this application, made under Articles 226 and 227 of Constitution of India, the petitioner is seeking specific enforcement of a contract agreement, dated 17.03.2015, which the petitioner claims to have with respondent No. 7. Specific performance of contract cannot be enforced by filing a writ petition under Article 226 of the Constitution of India. The remedy of the petitioner lies in instituting appropriate suit in a competent civil Court of competent jurisdiction. In view of the above, this application is dismissed. (I.A. Ansari, CJ) sunil/- U T