SUNIL KUMAR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-2-153
HIGH COURT OF JHARKHAND
Decided on February 04,2009

SUNIL KUMAR Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) CLAIM of the petitioner in this writ application is for a direction to the respondents to pay a sum of Rs. 91,104/ -which is due to the petitioner against the articles supplied by the petitioner pursuant to the order of the respondents, for gifting to couples married under "Chief Minister Kanyadan Scheme .
(2.) THE contention of the petitioner is that as per the quotation submitted by him and which was approved by the respondents, the petitioner had supplied the articles. The respondents have not released the entire payment and have illegally withheld the aforesaid amount. From the counter affidavit filed by the respondents, it appears that the aforesaid claim of amount has been disputed by the respondents on the ground that such claim as made by the petitioner suffers from some sort of misconception. It is sought to be explained that in the supply order given by the respondents to the petitioner, he was expected to quote his rates in terms of pairs of each of the article. In response to such order, the petitioner had quoted the rates and accordingly, payments were calculated and released to him. It is further explained that the fact that the petitioner had quoted the rates according to the supply order, would be evident from the petitioners own pleadings in the writ application. Referring to specific paragraphs of the writ application, learned counsel for the respondents invites attention to the rates quoted by the petitioner in respect of the bronze plates acknowledging the fact that he had quoted a price of Rs. 104/ -per piece which amounts to Rs. 208/ -per pair and this is in consonance with supply order and in consonance with the amount calculated and paid to the petitioner.
(3.) FROM the above rival submissions, it appears that the petitioners claim is not admitted. Rather, it is disputed on facts. This Court cannot adjudicate upon disputed facts. As such, I am not inclined to grant the relief, as prayed for by the petitioner. The application is accordingly dismissed. The petitioner would be at liberty to approach the Deputy Commissioner of district with his grievance and if so approached, the Deputy Commissioner shall consider the petitioners case and pass appropriate order thereon. With these observations, this writ application is disposed of.;


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