- (1.) Heard learned Counsel for the Petitioner and learned Counsel for the State.
(2.) Taking cognizance of the preliminary objection raised by the learned Counsel for the State that the claim for payment against the work done in terms of a contract granted by the State Government or any of its Department including Public Works Department, cannot be claimed by invoking writ jurisdiction of this Court, we have proceeded to decide the writ petition finally with the consent of the parties counsel at the admission stage.
(3.) It is no gainsaying that in a matter of contractual obligation or in case the parties are bound by some agreement/contract for raising such a dispute before a special forum may be arbitration or civil court, normally this Court under the discretionary jurisdiction would not entertain the writ petition even though the action of the party complained, is the State Government or any instrumentality of the State or a statutory body.;