High Court for State of TelanganaWP/26863/2016disposed of no costs

M/S. Surgical World, Guntur, Rep By Its Managing Partner, v. The State Of Andhra Pradesh, Rep By Its Principal

2016-08-10Suresh Kumar Kait2 pages

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT WRIT PETITION No.26863 of 2016 ORDER:

Vide the present petition, the petitioner seeks mandamus declaring the action of the respondents No.2 and 5 in not releasing the budget of Rs.14,56,692/- towards procurement of essential equipment to the Medical Institution under the control of Andhra Pradesh Vaidhya Vidhana Parishad in spite of letter issued by the 6th respondent for releasing of the amount with regard to work done by the petitioner for procurement of essential equipment, as illegal and arbitrary.

Learned counsel appearing on behalf of the petitioner submits that for the relief sought in the instant petition, the petitioner issued statutory notice on 30.04.2016 under Section 80 of CPC to the District Collector and Magistrate, West Godavari District, Eluru-2nd respondent. However, there is no response till date from the said respondent despite a copy of the same having been submitted to the District Coordinator Hospital Services, West Godavari District, Eluru-5th respondent.

Keeping in view the averments made in the instant petition and submissions of learned counsel for the petitioner, I hereby direct respondents No.2 and 5 to decide the representation made by the petitioner as mentioned above, within two (02) weeks from the receipt of a copy of this order. Respondents No.2 and 5 shall communicate the decision in writing to the petitioner within three days thereafter.

It is made clear that the petitioner shall be entitled to interest @ 12% p.a. on delayed payment.

In view of the above direction, this Writ Petition is disposed

of. There shall be no order as to costs.

It is needless to state that if the petitioner is aggrieved with the action or inaction of respondents No.2 and 5, the petitioner may take legal course available under the law. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

Date :10-08-2016 Gvl