1973 (5) TMI 105 - HC - Indian Laws

Summary

Issues Involved:
1. Breach of contract.
2. Legality of fresh contract awarded to respondents 6 and 7.
3. Entitlement to a writ of mandamus or certiorari.
4. Applicability of doctrine of estoppel.

Detailed Analysis:

1. Breach of Contract:
The petitioner, an unemployed engineer, was awarded a contract for earthwork on 29-12-1971, which was to be completed by 31-1-1972. An injunction order issued on 14-1-1972 halted the work, which was only vacated on 22-1-1973. The petitioner claimed he was not allowed to complete the work post-injunction, as fresh tenders were invited and the contract was awarded to respondents 6 and 7. The court assumed in favor of the petitioner that the State and its officers committed a breach of the contract by not allowing him to complete the work.

2. Legality of Fresh Contract Awarded to Respondents 6 and 7:
The court noted that the decision to award the contract to respondents 6 and 7 was not subject to being quashed by a writ of certiorari. The authorities had the discretion to decide not to allow the petitioner to complete the work, and it was not necessary to hear the petitioner before awarding the contract to others. The fresh contract was for a different and larger scope of work than the original contract.

3. Entitlement to a Writ of Mandamus or Certiorari:
The court emphasized that a writ of mandamus could not be issued to enforce specific performance of a contract. The petitioner's remedy lay in seeking damages for breach of contract in a Civil Court. The court held that mere breach of contract by governmental authorities does not warrant a writ of mandamus unless there is a violation of statutory duties. The court referred to the Supreme Court's ruling in C.K. Achutan v. State of Kerala, which stated that a breach of contract by governmental authorities should not be remedied by a writ of mandamus unless it involves the violation of statutory duties.

4. Applicability of Doctrine of Estoppel:
The petitioner cited several cases to argue for the application of the doctrine of estoppel, including Union of India v. Anglo Afghan Agencies, K.N. Guruswamy v. The State of Mysore, and Century Spinning and Manufacturing Co. Ltd. v. Ulhasnagar Municipal Council. The court distinguished these cases, noting that they involved statutory duties or representations that induced the aggrieved party to alter their position. In contrast, the petitioner's case was purely a contractual matter without any statutory obligations or representations that would invoke the doctrine of estoppel.

Conclusion:
The court concluded that the petitioner was not entitled to any relief through a writ of mandamus or certiorari, as the issue at hand was a breach of contract without any violation of statutory duties. The court dismissed the writ application, affirming that the petitioner's remedy lay in seeking damages for breach of contract in a Civil Court.

Separate Judgments:
- N.L. Untwalia, C.J.: Delivered the primary judgment.
- S.K. Jha, J.: Agreed with the judgment.