Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Art. 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 226 – Appellant-Municipal Council is running educational institutions – A resolution was passed for purchasing school furniture – Original writ petitioner no. 1 (respondent No.1) was declared successful bidder and work order was issued in its favour – However, on outbreak of Covid-19 pandemic and lockdown in force, the State Government published G.R. dated 4.5.2020 providing that owing to Covid-19 restrictions impacting government finances, non-priority expenditure should not be incurred – Pursuant thereto, Municipal Council informed respondent No.1 regarding suspension of work order until further orders – Municipal Council cancelled the work order after obtaining report from the Education officer that respondent No.1 had not taken any further steps in regard to supply of furniture as per the work order and that since the supply of furniture was not urgent in nature – On writ petition, High Court held that respondent No.1 is entitled to make the supply in pursuance of the work order – Hence the instant appeal – Respondent No.1 submitted that they have already manufactured the goods which are customized and therefore, if the Municipal Council is not directed to lift the goods prepared/got prepared as per the work order, it would suffer a huge loss – This Court directed on 7.2.2022 that as the schools have restarted, the official of the appellant would visit the place where the manufactured goods are kept and identify the goods which are immediately required, at this stage which shall not be less than 25% of the total quantity manufactured – On inspection of the goods, the official found that the goods did not meet the requirement of the work order – Even respondent No.1 had admitted that goods were not available – Held: There are disputed questions of fact such as whether in fact the goods were manufactured as per the specifications or not – Nothing was on record before the High Court that goods were in fact and actually manufactured by respondent No.1, as per the specifications and the requirements of the Council and as per the work order – In absence of any evidence on record and there being disputed questions of facts, High Court ought not to have passed the impugned judgment directing the Council to continue the work order and accept the goods from respondent No.1 and to make the payments as per the work order – Even otherwise, no writ of mandamus could have been issued virtually granting the writ for specific performance of the contract/work order in a writ petition under Art.226 of the Constitution of India – Respondent No.1 ought to have been relegated to file a civil suit for appropriate relief of losses/damages, if any, sustained – Writ jurisdiction. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 244 |
Petitioner | Municipal Council Gondia |
Respondent | Divi Works & Suppliers, Huf & Ors. |
SCR | [2022] 2 S.C.R. 426 |
Judgement Date | 2022-02-28 |
Case Number | 1538 |
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