JANHIT PAKAI BHATTI SEHKARI SEWA SAMITI LTD. v. UNION OF INDIA AND 3 OTHERS
WRIC/29401/2025 · 2025-10-08
Saral Srivastava, Sudhanshu Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84816 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84816 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29401 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner and Sri Purnendu Kumar Singh, learned counsel for the respondent nos. 2, 3 & 4.
2. By means of the present writ petition, the petitioner has prayed for the following reliefs:-
"(i) Issue, a writ order or direction in the nature of certiorari to set-aside the bills dated 30.06.2025, of Rs. 9.41,804/- and direct to respondents to adjust the credit amount Rs.9.41,804/ of the petitioner in future, and to disconnect the supply of Gas Connection. (ii) Issue, a writ order or direction in the nature of mandamus commanding and directing the respondent no. 2 to decide the application of the petitioner dated 12.07.2025, pending before him, within the stipulated time."
3. It appears that an agreement was entered into between the petitioner and respondent/Gail Gas Limited for the supply of petroleum gas. It is contended that under the said agreement, the price of petroleum gas was stipulated. However, without any prior notice or information to the petitioner, the price of the gas was enhanced and the enhanced rate was charged from the petitioner, for which the petitioner is seeking a refund.
4. The dispute arises out of the terms of the contract between the petitioner and respondent no. 4. In the present case, the issue as to whether the enhancement of the price by respondent no. 2 is valid requires adjudication in terms of the stipulations contained in the agreement between the parties, Versus Counsel for Petitioner(s) : Radhey Shyam Dwivedi Counsel for Respondent(s) : A.S.G.I., Purnendu Kumar Singh Janhit Pakai Bhatti Sehkari Sewa Samiti Ltd. .....Petitioner(s) Union Of India And 3 Others .....Respondent(s)
which, in turn, necessitates assessment of evidence. Therefore, the present writ petition is not the appropriate remedy, as this Court cannot decide disputed questions of fact that require appreciation of evidence.
5. In such view of the fact, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy available under law. October 9, 2025 Gaurav WRIC No. 29401 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad