RADHAKRISHNA AGARWAL & ORS. versus STATE OF BIHAR & ORS.

RADHAKRISHNA AGARWAL & ORS. versus STATE OF BIHAR & ORS.

Alleged breaches of contract by the State, entered in exercise of its executive power, do not attract constitutional remedies under Article 226 or Article 14 unless discrimination is properly pleaded and established at the entry into contractual area. Remedies for breach of contract are through ordinary civil suit; writ jurisdiction is not applicable.

Parties
Appellants: Radhakrishna Agarwal & Ors.; Respondents: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
17 March 1977
Procedural Posture
Civil Appeal / Appeal From Patna High Court Judgment in Writ Petitions
Outcome
Appeals dismissed with costs throughout.
Legal Topics
Article 226 and Contractual Breaches, Article 14 and Discrimination, Articles 298 and 299 – Executive Powers, Principles of Natural Justice in Contract Termination
Constitutional Law Contract Law Administrative Law Article 226 and Contractual Breaches Article 14 and Discrimination Articles 298 and 299 – Executive Powers Principles of Natural Justice in Contract Termination

Case Brief

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Parties

Radhakrishna Agarwal & Ors.

Appellants

State of Bihar & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Patna High Court Judgment in Writ Petitions

Legal Issues

  1. 1 Whether Article 226 can be invoked for alleged breaches of contract entered with the State
  2. 2 Whether Article 14 is violated in the contractual sphere by State action
  3. 3 Whether rules of natural justice apply to termination of non-statutory contractual obligations by the State

Ratio Decidendi

Alleged breaches of contract by the State, entered in exercise of its executive power, do not attract constitutional remedies under Article 226 or Article 14 unless discrimination is properly pleaded and established at the entry into contractual area. Remedies for breach of contract are through ordinary civil suit; writ jurisdiction is not applicable.

Court Disposition

Appeals dismissed with costs throughout.

Orders

  • Stay orders discharged.