Article 226 – Writ Of Mandamus Virtually Granting Specific Performance Of Contract/Work Order Cannot Be Issued
Case: Municipal Corporation Gondia vs Divi Works & Suppliers HUF
Coram: Justices MR Shah and BV Nagarathna
Case No.: CA 1538 of 2022
Court Observation: 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 the original writ petitioner No.1, as per the specifications and the requirements of the Council and as per the work order. In absence of any evidence and material on record and there being disputed questions of facts the High Court ought not to have passed the impugned judgment and order directing the Council to continue the work order and accept the goods from the original writ petitioner 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 Article 226 of the Constitution of India. The original writ petitioners ought to have been relegated to file a civil suit for appropriate relief of losses/damages, if any, sustained.
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