2014 (4) TMI 1208

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..... he petitioners claim to have executed various work orders which were issued under the National Rural Health Mission, between 10 January 2013 to 17 February 2014. According to the petitioners, the work orders were allotted by the second, third and fourth respondents and payments were sanctioned after satisfactory completion of work. Thereafter, it is alleged that cheques were issued but were not ho .....

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..... Mission. This was brought to the notice of the District Health Committee presided over by the Collector, Siddharthnagar, in pursuance of which an Inquiry Committee has been constituted and, in the meantime, directions were issued for stopping the payments. Insofar as the petitioners are concerned, it has been stated that on 5 April 2014, a First Information Report was lodged against the proprietor .....

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..... rticle 226 of the Constitution and pass an order, that would essentially be a money decree. At the least, the defence would raise issues on which evidence would have to be adduced before a civil court. Quite independently of that, in a matter of this nature, remedies are available either in the form of a suit under Order XXXVII of the Code of Civil Procedure, 1908 or in the form a complaint under .....

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..... nd the applicable schedule of rates; whether the work has been carried out properly are issues which have to be addressed, among other questions, by the competent authority before an appropriate decision is taken. The jurisdiction of the Court under Article 226 of the Constitution cannot appropriately be exercised in such matters. The remedy of the contractor, if he is aggrieved by non payment, wo .....

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..... regard to the nature of the issues involved. The Court, therefore, declines to entertain this petition." Following the view which has been taken by the Division Bench in M/s R.S. Associate (supra), we decline to entertain this petition and relegate the petitioner to the remedy available in law. This petition is, accordingly, dismissed. There shall be no order as to costs.
Case laws, Decision .....

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