State of Kerala & Ors. Vs. M.K. Jose
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Head Note
Constitution of India, 1950 - Article 226
Writ Jurisdiction - Contractual Matter - Disputed Questions of Fact - Roving inquiry - A writ court should ordinarily not entertain a writ petition, if there is a breach of contract involving disputed questions of fact - Appellate Bench hearing the intra-court appeal appointed a Commission of two Advocates and granting them liberty to take assistance of a competent Engineer - Commission have taken assistance of a retired Assistant Executive Engineer and submitted the report - A writ jurisdiction cannot be extended to cause a roving enquiry through a Commission and rely on the facts collected without granting opportunity to the State to file objections to the same and in the ultimate eventuate, cancel the order of termination of contract - What precisely was the quantum of work done and whether there had been a breach by the owner or the contractor, are required to be gone into by the appropriate legal forum - Held that procedure adopted by the High Court is quite unknown to exercise of powers under Article 226 in a contractual matter - Judgment and order passed by the Appellate Bench liable to be set aside.
Topic(s)-Writ Jurisdiction - Contractual Matter - Disputed Questions of Fact - No jurisdiction