Sujit Narayan Prasad,J. - (1.) This writ petition is under Article 226 of the Constitution of India, whereby the order dated 16.10.2012 by which the money claim which has been agitated by the petitioner before the authorities in pursuance to the order passed by this Court in W.P. (C) No. 2665 of 2011 disposed of on 05.12.2011 has been disputed, on the ground of non-execution of the work in entirety.
(2.) It is the case of the petitioner that in terms of the notice inviting tender the work for cleaning the spilled coal from the belt conveyors at 14 Seam has been conducted by the petitioner to be completed within a period of one year but according to the petitioner even after completion of the work and submission of the bill, the amount has not been paid which led the petitioner to approach before this Court in W.P. (C) No. 2665 of 2011 and this Court vide order dated 05.12.2011 while disposing of the writ petition by considering that the amount as has been claimed is not admitted, has directed the competent authority of the respondents to dispose of the representation since the representation on the date of disposal of the writ petition was lying pending, in pursuance thereto the order has been passed but disputing the claim of the petitioner against which the present writ petition has been filed.
(3.) This Court after hearing the learned counsel for the petitioner and going across the pleading made in the writ petition as also the finding recorded in the impugned order, has found that the petitioner is before this Court under the power conferred under Article 226 of the Constitution of India for disbursement of the claim which the petitioner is claiming in lieu of work in pursuance to the notice inviting tender in question but the said amount has been disputed, as would appear from the impugned order dated 16.10.2012 and therefore, is of the view by taking into consideration the settled position of law that in case of disputed money claim since the same requires adjudication by leading evidence, the writ Court should not interfere.;