Judgment 1. This Letters Patent Appeal has been filed, in effect, by the Bihar State Housing Board on the order on 3.7.1996 in CWJC No. 2986 of 1995; Ram Naresh Prasad jaiswal V/s. The State of Bihar & others. The contention on behalf of the appellant Board is that any relationship between the Board and the petitioner was purely contractual. It is contended that in a writ jurisdiction there can be no evaluation or verification of any earth filling or earth digging so as to arrive at a correct assessment of work done co-related with the money value of the contract. In the circumstances, the direction, to the effect, that a certain amount, Rs. 5 lac, be paid merely because there was inter-departmental communication is an order which aggrieves the petitioner. It is further submitted that in so far as the balance is concerned, in case Rs. 5 lac were to be paid, should not become the subject matter of a claim merely on the filing of a representation by the petitioner, the contractor. 2. The Court agrees with the submissions so made by the learned counsel appearing on behalf of the Board. 3. If there was a claim in pursuance of a completed contract, the Board could have been put under notice to demand the money value of the contract not paid and, thereafter, a suit could have been filed for the claim. Such a direction cannot be issued in a writ petition. 4. The appeal is allowed. The order on the writ petition dated 3.7.1996 is set aside.