Court Rules Against Self-Help Measures for Recovery of Dues, Dismisses Contractor's Petition
In a recent ruling, the Orissa High Court has dismissed a petition filed by contractor Nrusingh Charan Muduli, who sought to quash an ex-parte order for the removal of an unauthorized lock placed by him on the Mahapurush Shree Achyutananda Mini Stadium in Nemalo. The decision came from Justice Dr. Sanjeeb K. Panigrahi, who upheld the Sub-Collector & Sub-Divisional Magistrate's directive, emphasizing the impermissibility of self-help measures in disputes involving public property.
The controversy began when Muduli, a contractor engaged in the development of the government project, alleged non-payment of dues amounting to over Rs. 60 lakh for additional works completed under the instructions of government officials. Facing financial strain due to the outstanding payments, Muduli resorted to locking the stadium, seeking to pressurize the authorities into settling his claims.
The Sub-Collector, responding to reports of unauthorized obstruction and potential public unrest, had issued an ex-parte order under Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order mandated the immediate removal of the lock and restoration of public access to the stadium, citing urgent public interest and the prevention of a breach of peace.
Muduli's legal counsel argued that the ex-parte order violated principles of natural justice, as it was passed without prior notice or hearing. They contended that the order disregarded evidence of unpaid dues and failed to resolve the underlying financial dispute.
However, the court found no fault in the Sub-Collector's actions, ruling that the contractor's self-help approach was legally unsustainable. Justice Panigrahi stated that even if dues were pending, the correct recourse was through legal proceedings and not by obstructing public facilities. The judgment underscored that public amenities must remain accessible, irrespective of private financial disputes.
The court's decision reinforces the notion that coercive measures to settle financial disputes, especially involving public properties, are unacceptable. It further clarified that the dismissal of Muduli's petition does not hinder his right to seek legal remedies for recovering alleged dues through appropriate legal channels.
Bottom Line:
Contractor cannot resort to self-help or coercive measures such as obstructing access to public property for recovery of monetary claims. Appropriate remedy lies in pursuing legal proceedings for recovery of dues.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 152
Nrusingh Charan Muduli v. State of Odisha, (Orissa) : Law Finder Doc id # 2884766
