A High Court judgment confirms that once the admitted dues are paid during the pendency of a writ petition, the petition becomes infructuous and is liable to be dismissed. The ruling upholds settled legal principle and may be relied on for similar scenarios involving government or institutional contractors.
Summary
| Category | Data |
|---|---|
| Case Name | WPC/4150/2018 of MS A K CONSTRUCTION THROUGH ITS PROPRIETOR ARBIND KUMAR SINGH Vs NATIONAL INSTITUTE OF TECHNOLOGY THROUGH ITS DIRECTOR |
| CNR | JHHC010266182018 |
| Date of Registration | 20-08-2018 |
| Decision Date | 01-09-2025 |
| Disposal Nature | Dismissed AS Infractous |
| Judgment Author | HON’BLE MR. JUSTICE RAJESH KUMAR |
| Court | High Court of Jharkhand |
| Precedent Value | Clarificatory and binding within jurisdiction |
| Questions of Law | Whether a writ petition for release of admitted contractual dues survives after full payment during pendency? |
| Ratio Decidendi |
The High Court clarified that when the relief sought by a writ petitioner—specifically, payment of admitted contractual dues—has been fully granted during the pendency of the writ petition, and both parties acknowledge receipt of payment, the petition becomes infructuous. The Court accordingly dismissed the writ petition as infructuous, recording the statement that the admitted dues were released and received. |
| Facts as Summarised by the Court |
The writ petitioner sought release of admitted dues for contract work done for the respondent institute. During the pendency of proceedings, counsel for both sides confirmed that the dues were paid and received, rendering the litigation academic. |
| Citations | 2025:JHHC:26492 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Jharkhand High Court jurisdiction |
| Persuasive For |
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What’s New / What Lawyers Should Note
- The High Court has reaffirmed that where the core relief is satisfied during the pendency of the writ, the writ will be dismissed as infructuous.
- Lawyers representing petitioners or respondents in contractual disputes involving public authorities should promptly inform the court if relief is fully granted during litigation.
- Petitioners should note that once the substantive claim (here, admitted dues) is satisfied, continuing the writ is impermissible and unnecessary.
Summary of Legal Reasoning
- The Court recorded the submissions of both parties that the admitted contractual dues, which were the subject of the writ petition, had been released and received.
- On this basis, the Court concluded there was no surviving dispute for adjudication.
- The petition was therefore dismissed as infructuous, reaffirming that courts do not proceed with academic petitions once parties confirm that the claim has been satisfied.
- No further legal or factual adjudication was warranted.
Arguments by the Parties
Petitioner
- Sought a direction for release of admitted dues for contractual work, with interest, pertaining to two specific work orders.
- Asserted that the payment was due despite completion of work and repeated requests.
Respondent
- In the course of proceedings, submitted that the admitted dues had already been released and received by the petitioner.
- Informed the court that no claim survived after payment.
Factual Background
The petition arose from a contract between the petitioner (M/s A K Construction) and the National Institute of Technology, Jamshedpur, for minor repair and painting work in hostels as per work orders dated 03.08.2012. The petitioner alleged non-release of admitted dues amounting to Rs. 5,24,179/- despite completion of work and multiple representations. During hearing of the writ petition, both parties informed the court that the admitted dues were fully paid and received, resolving the substantive dispute.
Statutory Analysis
No specific statutory provision was interpreted or analysed in the judgment. The decision was based on the acknowledged satisfaction of the petition’s core relief during the pendency of the case.
Alert Indicators
- ✔ Precedent Followed – Court has followed and affirmed settled legal position on effect of satisfaction of relief during pendency of writ petitions.
Citations
2025:JHHC:26492