SHOAIB v. State Of Chhattisgarh Through Secretary, Department Of Tribal

: Shri Virendra Verma, Advocate. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

11.11.2025

1. Heard Shri Bhaskar Payashi, learned counsel for the petitioner. Also heard Shri Sangharsh Pandey, Govt. Advocate for the State and Shri Virendra Verma, learned counsel for the respondent No. 4.

2. The present writ petition has been 2lled for following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to issue a writ/order or suitable direction to the Respondent Authorities to release payment of admitted and undisputed amount towards pending bills within 15 days

10.2 That this Hon’ble Court may kindly be pleased to issue a writ/order or suitable direction to the Respondent authorities to make release payment of 3 amount towards $nal bill with interest at the rate of 12% on pending amount.

10.3 Hon’ble Court may grant any other ancillary relief by issuing any other suitable writ, direction or order, deems $t in the facts and circumstances of the case including cost of petition.”

3. The present petition has been 2led seeking issuance of an appropriate writ, order, or direction to the respondent authorities for payment of the undisputed amount of ₹8,00,353/-, pending since 2022, towards the renovation work of Anusuchit Janjati Pre-Matric Balak Chhatrawas, Tuman, Block Kartala, District Korba. After issuance of the Notice Inviting Tender (NIT), a work order dated 04/06/2020 was prepared during the Covid-19 pandemic and the same was allotted to the petitioner on 24/11/2020 for execution of the said renovation work. The petitioner duly completed the work and informed the respondent department, whereupon the completion was veri2ed and certi2ed by the Superintendent, Anusuchit Janjati Pre-Matric Balak Chhatrawas, Tuman, Block Kartala, District Korba, and a Completion Certi2cate was issued after inspection by the Assistant Commissioner, 4 Assistant Engineer, and Sub-Engineer of the Tribal Welfare Department. Subsequently, an amount of ₹12,632/- towards TDR of earnest money deposit was refunded to the petitioner on 07/08/2025 and credited to his Account No. 10280191758; however, despite the lapse of over three months from the said payment, the admitted amount of ₹8,00,353/- has not been released to the petitioner till date.

4. Learned counsel for the petitioner submits that the petitioner 2rm had duly completed the renovation work of the hostel in the year 2022, which stands certi2ed by the competent authorities through the Satisfaction Certi2cate dated 08/06/2022, the Utilization Certi2cate, and the Completion Certi2cate issued by the Assistant Commissioner, Assistant Engineer, and Sub-Engineer of the Tribal Welfare Department, Korba. Despite repeated representations made by the petitioner to the Assistant Commissioner for release of the 2nal bill, no action has been taken till date. It is further submitted that the refund of TDR on earnest money deposit on 07/08/2025 itself establishes that the respondent authorities were fully satis2ed with the completion of work. The work order was issued, and payments were to be made 5 from S.E.C.L.’s CSR funds, which had already been released for renovation of 10 hostels including the petitioner’s work; hence, the respondent State, being custodian of those funds, is duty-bound to release the petitioner’s legitimate dues. The continued inaction on part of the respondent Collector in making payment of the admitted amount not only violates the petitioner’s legal entitlement but also amounts to undue harassment and has caused severe mental agony to the petitioner 2rm.

5. On the other hand, learned respondents counsel oppose the submissions made by the learned counsel for the petitioner and submits that the writ petition as framed and 2led is not maintainable as the disputed question of facts cannot be adjudicated in writ petition under Article 226 of the Constitution of India.

6. We have learned counsel for the parties, perused the impugned order and other documents appended with writ petition.

7. It is settled law that the High Court should not exercise its jurisdiction under Article 226 of the Constitution of India when it raises disputed question of facts. 6

8. The Hon'ble Supreme Court in the case of Chairman, Grid Corpornation of Orissa Ltd. (GRIDCO) and others v. Sukamani Das (Smt.) and another, (1999) 7 SCC 298 was dealing with the question of whether the High Court had made an error in entertaining a writ petition 2led seeking compensation for the death of a person due to electrocution, which had allegedly been caused due to the negligence of the authorities. The Supreme Court in the said case observed as under: "6. In our opinion, the High Court committed an error in entertaining the writ petitions even though they were not 2t cases for exercising power under Article 226 of the Constitution. The High Court went wrong in proceeding on the basis that as the deaths had taken place because of electrocution as a result of the deceased coming into contact with snapped live wires of the electric transmission lines of the appellants, that "admittedly/prima facie amounted to negligence on the part of the appellants". The High Court failed to appreciate that all these cases were actions in tort and negligence was required to be established 2rstly by the claimants. The mere fact that the wire of the electric transmission line belonging 7 to Appellant 1 had snapped and the deceased had come in contact with it and had died was not by itself su3cient for awarding compensation. It also required to be examined whether the wire had snapped as a result of any negligence of the appellants and under which circumstances the deceased had come in contact with the wire. In view of the speci2c defences raised by the appellants in each of these cases they deserved an opportunity to prove that proper care and precautions were taken in maintaining the transmission lines and yet the wires had snapped because of circumstances beyond their control unauthorised intervention of third parties or that the deceased had not died in the manner stated by the petitioners. These questions could not have been decided properly on the basis of a3davits only. It is the settled legal position that where disputed questions of facts are involved a petition under Article 226 of the Constitution is not a proper remedy. The High Court has not and could not have held that the disputes in these cases were raised for the sake of raising them and that there was no substance therein. The High Court should have directed the writ petitioners to approach the 8 civil court as it was done in OJC No. 5229 of

1995."

9. The aforesaid judgment has been relied/ reiterated by the (emphasis supplied) Supreme Court in S.P.S. Rathore v. State of Haryana and others, (2005) 10 SCC 1 wherein it observed as follows: "16. In Chairman, Grid Corpn. of Orissa Ltd. (Gridco) v. Sukamani Das [(1999) 7 SCC 298] the question which arose for consideration was, can the High Court under Article 226 of the Constitution award compensation for death caused due to electrocution on account of negligence, when the liability was emphatically denied on the ground that the death had not occurred as a result of negligence, but because of an act of God or of acts of some other persons. The Court held that it is the settled legal position that where disputed questions of facts are involved, a petition under Article 226 of the Constitution is not a proper remedy. Therefore, questions as to whether death occurred due to negligence or due to act of God or of some third person could not be decided properly on the basis of a3davits only, but should be decided by the civil court after appreciating the evidence adduced by the parties. In T.N. Electricity Board v. Sumathi 9 [(2000) 4 SCC 543] it was held that when a disputed question of fact arises and there is clear denial of any tortious liability, remedy under Article 226 of the Constitution may not be proper. The Court carved out exception to this general rule by observing that, it should not be understood that in every case of tortious liability, recourse must be had to a suit. When there is negligence on the face of it and infringement of Article 21 is there, it cannot be said that there will be any bar to proceed under Article 226 of the Constitution." (emphasis supplied)

10. Similarly, the Hon'ble Supreme Court in Shubhas Jain v. Rajeshwari Shivam, 2021 SCC OnLine SC 562 has held as under: "26. It is well settled that the High Court exercising its extraordinary writ jurisdiction under Article 226 of the Constitution of India, does not adjudicate hotly disputed questions of facts. It is not for the High Court to make a comparative assessment of conNicting technical reports and decide which one is acceptable."

11. Subsequently, in Union of India Vs. Puna Hinda, (2021) 10 SCC 690, the Hon'ble Supreme Court has observed: "24. Therefore, the dispute could not be raised 10 by way of a writ petition on the disputed questions of fact. Though, the jurisdiction of the High Court is wide but in respect of pure contractual matters in the 2eld of private law, having no statutory Navour, are better adjudicated upon by the forum agreed to by the parties. The dispute as to whether the amount is payable or not and/or how much amount is payable are disputed questions of facts. There is no admission on the part of the appellants to infer that the amount stands crystallised. Therefore, in the absence of any acceptance of joint survey report by the competent authority, no right would accrue to the writ petitioner only because measurements cannot be undertaken after passage of time. Maybe, the resurvey cannot take place but the measurement books of the work executed from time to time would form a reasonable basis for assessing the amount due and payable to the writ petitioner, but such process could be undertaken only by the agreed forum i.e. arbitration and not by the writ court as it does not have the expertise in respect of measurements or construction of roads."

12. Recently, the Hon'ble Supreme Court in the case of M.P. Power Management Co. Ltd. v. Sky Power Southeast 11 Solar India (P) Ltd., (2023) 2 SCC 703, while dealing with the issue of exercise of writ jurisdiction by a Court in matters arising out of a contract, has stated: "82.7. The existence of an alternate remedy, is, undoubtedly, a matter to be borne in mind in declining relief in a writ petition in a contractual matter. Again, the question as to whether the writ petitioner must be told oO the gates, would depend upon the nature of the claim and relief sought by the petitioner, the questions, which would have to be decided, and, most importantly, whether there are disputed questions of fact, resolution of which is necessary, as an indispensable prelude to the grant of the relief sought. Undoubtedly, while there is no prohibition, in the writ court even deciding disputed questions of fact, particularly when the dispute surrounds demystifying of documents only, the Court may relegate the party to the remedy by way of a civil suit." (emphasis supplied)

13. A reading of the aforesaid judgments makes it clear that it is well settled proposition of law that when there are disputed question of facts involved in a case, the High Court should not exercise its jurisdiction under Article 226 of the 12 Constitution of India. It has been held that the remedy under Article 226 of the Constitution of India may not be proper.

14. From perusal of the pleadings, it appears that the petitioner by way of this petition is seeking a direction towards the respondent authorities to release the remaining pending amount of Rs. 8,00,353/- with interest @12% per annum from the date of completion of work.

15. In the instant case, the relief sought for by the petitioner is contingent upon the resolution of the disputed question of facts raised, and these questions cannot be adjudicated under Article 226 of the Constitution of India. In view of the aforesaid, it would not be appropriate for this Court to entertain the instant writ petition as there are disputed questions of fact involved.

16. Considering the submissions advanced by learned counsel for the parties, further considering the disputed questions of facts involved in this writ petition, the relief sought by the petitioner and in view of law laid down by the Supreme Court in the above-stated judgments (supra), we do not 2nd 13 any good ground to entertain this writ petition.

17. Accordingly, the writ petition being devoid of merit is liable to be and is hereby dismissed. However, liberty is reserved in favour of the petitioner to take recourse to other alternate remedies available to him under the law. No cost(s). Sd/- Sd/- Sd/- Sd/- (Bibhu Datta Guru) Judge (Ramesh Sinha) Chief Justice Shoaib