Anant Nurseries And Garden Developers Co Operative Society Through Its Chairman v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:14866-DB 7304.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 WRIT PETITION NO. 7304 OF 2024 ANANT NURSERIES AND GARDEN DEVELOPERS COOPERATIVE SOCIETY, THROUGH ITS CHAIRMAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr C. V. Thombre, Advocate for Petitioner;

Mr N. B. Patil, A.G.P. for Respondent Nos.1 & 2/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 16th July, 2024 PER COURT:

1.

The Petitioner, which is a private business entity, prays for a Writ of Mandamus to recover the outstanding bills payable by Respondent No.3/Municipal Council, Basmath, Dist. Hingoli. Various bills dating from 2016 on-wards, are said to be partly unpaid.

2.

We find from the record that, it will have to be settled, as to whether the Petitioner had performed the contractual works and whether they were in accordance with the terms of the

7304.24wp (2) contract. In the order dated 16/11/2022, passed by this Court in Writ Petition No.11170/2022, this Court has observed that the Writ jurisdiction should not be utilized for recovering private bills of business entities. If the amounts are undisputed, it is upto the Authorities to pay the admissible amounts.

3.

In view of the above, this Writ Petition is disposed off. The Petitioner is at liberty to avail of a remedy, as may be permissible in law.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk