Correspondence with state government irrigation department
Bijay Kumar
(Querist) 15 February 2024
This query is : Resolved
the Company in 2022 under the new management good faith tried to settle long pending arrears in view of interim stay granted by courts from 2002 onwards. based on the assurance given by the superintendent engineer, irrigation circle vide their letter dated december 12, 2022, the Company paid all the arrears from 2002 onwards up to 2022 and gave undertaking for withdrawal of legal cases filed against the irrigation department and which were granted stay. the water drawal agreement was also finalised which was long pending. however, at the last minute, the superintendent engineer got transferred and the new incumbent in office refused to honour the committment and asked to approach the state for approvals. based on the correspondence, can the Company file a writ for breach of trust? is the correspondence of superintendent engineer binding on the state?
T. Kalaiselvan, Advocate
(Expert) 15 February 2024
You have approach the department in an unofficial manner and the agreements between you and the officer would have been on a mutually agreed oral conditions which were never reduced to writing nor there is any legality involved in it.
In the given situation how do you justify a legally valid acceptance in the absence of a formal agreement in writing.
No writs would be maintainable.
You can continue with the case and get the case disposed after which you can prefer an appeal if aggrieved with the judgment
Bijay Kumar
(Querist) 02 March 2024
Sir can you substantiate your answer with some legal provisions. i could not understand "You have approach the department in an unofficial manner". the claim of company is arising out of a written correspondence only and the superintendent engineer is the signing authority. the whole correspondence is based on the premise that company wants to settle all the outstandings including those stayed by the court and accordingly paid the arrears. gave undertaking for withdrawal of cases as advised by the department.
Read more at: https://www.lawyersclubindia.com/experts/correspondence-with-state-government-irrigation-department-757406.asp
T. Kalaiselvan, Advocate
(Expert) 02 March 2024
Have you got the understanding or the agreement reduced to writing, if not then there is no documentary evidence to prove your stand therefore no writ petition would be maintainable on the basis of oral undertaking by the authorities concerned
Bijay Kumar
(Querist) 04 March 2024
Mr. Kalaisevan,
still my questions remain unanswered. probably you didnt look at my queries carefully. neither i find any legal provisions cited. it is like having a layman conversation. anyway thanks for your interest in my query. i give up.
