Latif Construction v. The Principal Secretary Bihar State Power Generation Company Limted And ORS.

13.9.2023 ks WPA 16296 of 2023 sl. 18 Latif Construction Vs The Principal Secretary, Bihar State Power Generation Company Limited & Ors.

Mr. Lal Ratan Mondal, Ms. Sk. Kiran ... For the Petitioner.

Mr. Sakya Sen, Mr. Anirban Pramanick, Mr. Sanka Subhra Dutta ... For the Respondent No. 5.

Heard learned Advocates appearing for the parties. By this writ petition, petitioner has made a prayer for monetary claim arising out of a contract for the work done for the respondent authorities at Bihar. I am not inclined to entertain this writ petition for the following reasons:

i) This writ petition has been filed for making monetary claim arising out of a contract;

ii) Cause of action and grievance relates to the authorities at Bihar and Jharkhand and the relief asked for is against them.

iii) If at all petitioner has any monetary claim, appropriate forum will be a civil court ;

iv) The authority against whom claim has been made does not lie with the territorial jurisdiction of this writ court;

In view of the discussion made above, this writ petition being WPA 16296 of 2023, is dismissed.

However, dismissal of this writ petition will not be a bar on the part of the petitioner to agitate for its claim before the appropriate forum. It is clarified that this court has not gone into the merits of the claim made in this writ petition and this writ petition has been dismissed on the grounds referred hereinabove.

( Md. Nizamuddin, J. )