K.P. Singh Vs. Executive Engineer, Electricity Distribution Division, Noida and Others

K.P. Singh vs Executive Engineer, Electricity Distribution Division, Noida and Others

Type Court Judgment Court Allahabad Decided Jul 25, 1997

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Citation: sooperkanoon.com/458887
Court: Allahabad High Court
Judge: M. Katju and ;O.P. Garg, JJ.
Decided On: Jul 25, 1997
Case Number: C.M.W.P. No. 23829 of 1997
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Civil - claiming payment - Article 226 of the Constitution of India - petitioner is an advocate - claiming payment of his bill - advocate is on the same footing as the general public - writ petition dismissed on the ground of alternative remedy. -

Key legal issue: Civil
Acts & sections: Constitution of India - Article 226

Parties & Advocates

Appellant / Petitioner

K.P. Singh

Advocate O.P. Srivastava, Adv.

Respondent

Executive Engineer, Electricity Distribution Division, Noida and Others

Advocate Sudhir Agarwal, Adv.

Legal References

Acts: Constitution of India - Article 226
Reported In: 1998(1)AWC546

Excerpt

civil - claiming payment - article 226 of the constitution of india - petitioner is an advocate - claiming payment of his bill - advocate is on the same footing as the general public - writ petition dismissed on the ground of alternative remedy. - m. katju and o.p. garg, jj.1. the petitioner is an advocate and he is claiming payment of his bills. in our opinion, the remedy of any advocate for bills which have not been paid, whether they are payable by the government or by a private party, is to file a civil suit. in our opinion, an advocate is on the same footing as the general public. if for any goods supplied by some one or for services rendered payment is not given, the remedy is to file civil suit and not awrit petition. moreover, it has to be examined whether the bills are genuine and whether they are payable or not and, to what extent, which is not possible in writ jurisdiction. the writ petition is dismissed on the ground of alternative remedy.

Full Judgment

M. Katju and O.P. Garg, JJ.

1. The petitioner is an advocate and he is claiming payment of his bills. In our opinion, the remedy of any advocate for bills which have not been paid, whether they are payable by the Government or by a private party, is to file a civil suit. In our opinion, an advocate is on the same footing as the general public. If for any goods supplied by some one or for services rendered payment is not given, the remedy is to file civil suit and not awrit petition. Moreover, it has to be examined whether the bills are genuine and whether they are payable or not and, to what extent, which is not possible in writ jurisdiction. The writ petition is dismissed on the ground of alternative remedy.

Same Court & Year Allahabad · 1997 Same Parties K.P. Singh vs Executive Engineer, Electricity Distribution Di... Same Subject Civil Same Judge M. Katju and ;O.P. Garg, JJ. Acts & Sections Constitution of India - Article 226

Civil