Whether A Particular Contract Is A Works Contract Under MSME Can't Be Decided Under Writ Jurisdiction: Telangana High Court

The Telangana High Court has ruled that it cannot decide under its writ jurisdiction whether a particular contract qualifies as a "works contract" under the MSME Act. The court held that this is a question of fact that needs to be determined by the appropriate statutory authority, in this case, the MSME Facilitation Council. The petitioner had approached the High Court directly, seeking a declaration on the nature of their contract. However, the court stated that its writ jurisdiction is not meant for adjudicating on factual disputes or interpreting the specific terms of a contract. It directed the petitioner to approach the MSME Council, which is the specialized body empowered by the statute to decide on such matters. This judgment upholds the principle of exhausting alternative statutory remedies and ensures that such specialized matters are first dealt with by the designated quasi-judicial bodies.